Loading...
HomeMy WebLinkAboutResolutions 1976AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF FEBRUARY, A. D. 1976. RESOLUTION WHEREAS, street s~gns and road s~gns erected by the City of Denton have been subject to ancreas~ng vandalism, theft and destr~ot~on durang the year 1975; and WHEREAS, the City Council of the City of Denton, Texas desires to reduoe thas type of vandalasm, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT. A standing reward of F~fty Dollars ($50.00) as hereby offered by the Caty of Denton for ~nformat~on leading to the arrest and ¢onv~¢tlon of any person unlawfully, w~lfully, mal~- clously, wantonly, negligently or otherwase who shall ln]ure, deface, destroy, remove or knock down any real or personal pro- perty, any street s~gn or traffic control devace belonglng to the City of Denton w~th~n the caty llmlts of the C~ty of Denton and sa~d reward as to be paid out of the General Fund of the C~ty of Denton to the person or persons so furnishing ~nforma- t~on leadang to the arrest and oonvactlon of persons gullty of saad offense. PASSED and APPROVED thas the 3rd day of February, A. D. 1976. CITY OF DE~ON,~S ATTEST: C T¢ SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY cOUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF FEBRUARY, A D 1976 RES OLUTI ON WHEREAS, the State of Texas, through zts Hzghway Department, has submitted a form of a contract proposed to be entered into by it and the City of Denton for the purpose of provzding for the stallation, construction, exzstence, use, operatzon, and maznten- ance of a highway illumznation and lzghtzng system wzthzn the Czty of Denton at the followzng locatzon SAFETY LIGHTING ON HIGHWAYS IH 35, IH 35E, AND IH 35W IN THE CITY OF DENTON, and WHEREAS, the Czty Council of the City of Denton zs of the opinion that such contract should be entered znto by the City of Denton and the form as submitted be approved NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT SECTION 1 That the attached contract, whzch sets out fully the respectzve obligations of the State and the City of Denton thereunder is hereby approved and Tom D Jester, Jr , Mayor of the City of Denton zs authorized to execute same on behalf of the City of Denton, and the Czty Secretary zs authorized to attest the same under the seal of the City of Denton SECTION 2. - That upon the adoption of this Resolutzon, the City SeCretary is hereby directed to certzfy to sufficzent copzes of thzs Resolution so that the same can be attached to sa~d con- tract and become a part thereof. SECTION 3 - That this Resolution shall take effect immediately after zts passage and approval PASSED AND APPROVED this the 3rd day of February, A D 1976 ATTEST.~ ~ BRQ~fhOLT, CITY SECRETARY ci oF dENTON, TE S APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS li.~~, F i. it STATE OF TEXAS X AGREEMENT FOR MAINTENANCE AND OPERATION OP SAFETY LIGHTING SYSTEMS ------ -- WITHIN A 1•NNICIPALITY 'COUNTY OF DENTON X Vin. This agreement is made this 24 day of Fe ~ r`~"'"y 1976, _._.___by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Denton, Denton County, Texas,~acting through _ its duly authorized officers, hereinafter called the "City", party of the second -----part. -_- ---- I T N E S SET H _ -- _~?EE.°,E?.5,= the~Gity-hss-requested-the,.S ate_to_finance_the~aintenance-.'and operation `of the safety lighting system on I.H. 35E, L H. 35 and I.H. 35W at interchanges within the city limits, and hereinafter referred to as the "Safety Lighting System"; _.... - and WHEREAS, the State Director for Highways and Public Transportation Engineer acting for and in behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State iaill reimburse the City for the City's cost of maintenance and operation of said system, subject to the conditions and provisions stated herein, as provided for in Commission Minute Order Number 6162/i. A G R E E M E N T NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept. and performed as hereinafter set forth, it is agreed as follows: A. Project Authorization The City has requested and consented to the maintenance and operation of the safety lighting system, and the State in financing the operation and mainte- nance work does so at the special instance and request of the City. _ B. Definitions ~-~--_-_-.~.` The term "Safety Lighting System" as used herein shall constitute: (1) The illumination assemblies, (2) The luminaires, lamps, and luminaire mast arms (and attachments) attached to poles and (3) conduit, multi-conduc- tor cable, single conductor wire, and miscellaneous items of materials, parts installed for the operation of the safety lighting. The term "Illumination Assembly" as used herein shall constitute the founda- tion and complete assemblage of parts,, equipment and miscellaneous items in- cluding the pole mounting attachments, which form a complete and independent lighting unit. The term "luminaire circuit" as used herein shall constitute those circuits which contain 400 watt and 1000 watt rated luminaires and overhead sign il- lumination. C. Maintenance and Operation Responsibilities ....The State hereby agrees to reimburse the City for the cost incurred by the pity in maintaining and operating the safety lighting system and for fur- nishing electrical energy to the overheat illuminated signs subject to the conditions and provisions stated herein. . The City hereby agrees to,-either directly or indirectly through the City's authorized agent, operate the safety lighting system in an efficient manner and promptly make repairs as needed to maintain full and efficient operation of the system. Costs incurred by the City for maintenance of the safety lighting system shall be based on actual maintenance operations directly chargeable to the safety lighting system and shall not include a proration of administrative, overhead or storage costs. The City hereby agrees that -~ assignment of~maintenance~and•/or-oiler-a*__-ing~duties_to~a_third,~party does rot relieve the City of the responsibility for enforcement of these provisions. -~' The City hereby agrees to supply electrical energy for operation of the safety lighting system and illuminated overhead sign bridges through their municipally owned and operated electrical power system... The City and the State acc2pt their respective responsibilities as herein provided based upon the following agreed methods of calculating power con- sumption: 1. Luminaire Circuits a. 400 Watt Luminaires - Cost = 450 Watts x No. Hrs. Burned x No. Luminaires/1000 x base rate/KWH (Base rate Item 2 page 3). b. 1000 Watt Luminaires - Cost = 1100 Watts x No. Hrs. Burned x No. Luminaires/1000 x base rate/KWH (Base rate Item 2 page 3). c. Metered Circuits - Cost = Kilowatt Hours Consumed x base rate/KWH ,(Base rate Item 2 page 3). The number of hours to be used for cal- culating safety lighting power consumption for each month of the _~-,;_-__-~_„r_year,is mutually agreed to as follows: _ _ ---1 January - 14 llrs./Day x 31 Days = 434 Hrs. February - 12 Hrs./Day x 28 Days = 336 Hrs. March - 12 Hrs./Day,x 31 Days = 372 Hrs. April - 12 Hrs./Day x 30 Days = 360 Hrs. May - 10 Hrs./Day x 31 Days = 310 Hrs. June - 10 Hrs./Day x 30 `:Days = 300 Hrs. -2- r July - 10 llrs./Day x 31 Days = 310 Hrs. August - 12 Hrs./Day x 31 Days = 372 Hrs. September_.,-_ 12_.Hrs. /Day x 30 Days = 360 Hrs. __.__.____________October - 12 Hrs./Day x 31 Days = 372 Hrs. November - 14 Hrs./Day x 30 Days = 420 Hrs. _ December - 14 Hrs,/Day x 31 Days = 434 Hrs, TOTAL = 4,380 Hrs,/Year -2. Base rate-for-normal operation and maintenance cost per KWHR shall be equal to 1.85/K[dHR plus or minus a fuel cost adjustment to be calcu- lated as follows: - - - - ___._0.0122 per Ki+1H for ea'ch.whole O.OiC per'KidH-iiy`wnicii'°tl:eaaverage-ces•t of fuel used in the utility's electric generating plants plus the cost of purchased energy during the calendar month next preceding the bill- ing month is above or below l~ per KWH. The above rate per KWIIR shall include the cost of electrical energy used by the safety lighting system and materials, parts, labor and equipment cost for the following normal maintenance of the system: a. Cleaning Luminaires b. Replacing lamps c. Minor glass breakage (less than 5 in one day) d. Replacing fuses 3. Charges not covered by the base rate The following major items of maintenance shall be provided for by the City on a force-account basis with reimbursement for costs of materials and labor to be made by the State: a. Replacement of illumination assemblies that are damaged or destroyed, i -_ --- - =^D:--Rep~acement..of_luminaires and luminaire mast arms (Bracket_ a_t_t_ach- ments) attached to poles that are datum g or destroye'd` c. Replacement of transformer stations and appurtenances that are damaged or destroyed. d. Repairing or replacement of buried conductors. e. Major glass breakage (5 or more in one day). f. Replacement of obsolescent equipment for the safety lighting system. g. Replacement of ballast that are burned out or faulty. -3- It shall be the responsibility of the City or the City's authorized agent to provide and maintain an adequate supply of replacement parts. 4. The Illuminated Overhead Sign Lighting Circuits The State hereby agrees to maintain the lighting for the illuminated overhead signs which are part of the above circuits. The quantity of electrical energy used by the overhead sign lighting fixtures shall be determined from meters installed by the City at no cost to the State to-serve the overhead sign lighting fixtures and the luminaire circuits. The State's payment for this electrical energy shall be based on the following computation: Cost = Kilowatt Hours Consumed x base rate/KWH --base rate Item 2 page 3) D, Payment -- ni1_requestsbv the City for payment for electrical energy .and/or mainten- ance operations shall tie properly certified and submitted by'the City to'~"'~ the District Engineer of the State Department of Highways and Public Trans- . portation of Dallas, Texas. Such request for payment shall be in accordance ~~ with forms prescribed by the State and shall be submitted at not less than monthly intervals. The City will maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this contract. When requested by the State, the City will permit and assist in an audit by an auditor of the State Department of Highways and Public Transportation of this record or any other records of the City which pertain to-the costs of maintenance and electrical energy as covered by the terms of-this agreement. E: General It is understood that: 1. This agreement supercedes and cancels any and all prior maintenance and operation agreements on this system. 2, The assumption of maintenance and operation of the safety lighting sys- tem by the City when herein agreed upon shall begin on a date to corres- pond with the effective date of this agreement. --^_ ~-~- 3. This agreement will be modified by a supplementary agreement or'super-f - ceded by a revised agreement .in the event the safety lighting system is extended to include any area other than the locations as set out above or incorporated within a continuous illumination system. Supplementary or revised agreements shall conform with the then current policies of the State Department of Highways and Public Transportation. 4. The State's financing of the maintenance and operation of the safety lighting system will not extend to nor include the operation and mainte- Hance of any primary lines and incidental equipment necessary to connect the safety lighting system with power stations. -4- 5. -The State's obligations for operation and maintenance of the safety lighting system shall cease should the route on which it is located -`be dropped from the State Highway System. - --- _____6._ Shis agreement may be terminated automatically thirty (30) days after __ ___ the filing of a written notice by either party of a desire for cancel- -- ._. _.-._lation. a -S- IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of ~E' ~ ~r-'h------- on the 3 ~ `~ day of F c-bs. ,y~v 19 ~ lv and the State Department of Highways and Public Trans- portation on the '?,~</`/~ day of __ ~f'!'Preov~, , 19 ~~c> -ATTEST: - - -- -- --- CITY OF (Title of Signing Official) THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, es- tablish policies, or work programs heretofore approved and authorized by the State Highway and Public Transpor- tation C ~®is~sioq: BY INIO YC~,~7o Assf.-State Engineer-Director Authority for execution is accomplished under Minute Order No, 70104 APPROVAL RECOMMENDED: ~~ t ~ `K ~ _ (iChief Engineer-(~f Maintenance Operations - -~C/hief Engineer of Highway Design T7iJ''1'`'~ _6- ~ -. , CITY ATTORNEY'S CERTIFICATE Form No. 1074 STATE OF TEXAS ~ ~ ",;...O~;JNTY OF ua.STCtU ...,~ c%r+ ~ ~------ City Attorney for the City of Dcraah ,Texas, do hereby certify that the City Charter of the City of ~'-~xCOa authorizes the City Council to .approve the execution of contracts by means of a resolution, and that the attached contract between said City and the State of Texas, dated ~ fj;_,.,~,._~ j~~ y cl.76 approve~d/b~y Resolution passed~~~,,~~„„ 3 //l7C and executed by ~~C ~CLv~ti Ts valid and binding on said City in so far as its approval and execution is concerned. .. ,. Form No. 1074 ', C . STATE OF TEXAS COUNTY OF t~~7^0*J ~ , ~. F --~-~_ appointed, qualified and acting city secretary of the City of ^cntoa ' Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance ~ resolution duly passed by the City Council at a meeting held on ~~ . , A. D. , 19 ~~ , at ~j~Ci O o'clock f~ /y~, C;~ ..,...v .....,.. t, . Ta .,.....f~ .....G., •.nu.... ~ ~..uv uu~ ~c~. v~u.c w.ur vi ?;Q...tC1I! Texos, this ,~~ day of y~~-~~L~c~c.~; 197 at - / trntaa ,Texas. ' ij / _~__ ~i~.~ / /'~~ i_ Gary of the City of ~•~•^~ui7 i;enton ,Texas i. ~ - ~ ~. _ i ! AT A REGULAR MEETING OF TIIE CITY COU[QCIL OI' TI1E CITY OP DENTON, TEXAS, llELD I:J TUE }1U[dICIPAL BUILDING OF .SAID CITY ON TIIE 3RD _ DAY OF FEBRIIP.RY, A. D. 1976. R E S O L U T I O N - WHEREAS, the State of Texas, through its 1?ighway Department, has submitted a form of a contract proposed to be entered into by it and the.C,ity of Denton for the purpose of providing for the in- atallation, construction ,'existence, use, operation, and mainten- ance of a highcaay illumination and lighting system within the City '~ of Denton at the following location: -. ~ SAFETY LIG}1TING ON FiIG}IWAYS IH 35, IlI 35E, - - -_ _ _ AND IH 35W IN „TIIE CITY OF DENTON; and ' WHEREAS, the City Council of the City of. Denton isof the - opinion that such contract should be entered into by the City of Denton and the form as submitted be approved. NOW, THEREFORE, EE IT OFDAP,VED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. - That the attached contract, which sets out fully the respective obligations of the State and the City of Denton thereunder is hereby approved and Tom D: Jester, Jr., Mayor of the City of Denton is authorized to-execute same on behalf of the Citv of Denton, and the City Secretary is authorized to attest the same . under the seal of the City of Denton. ' SECTION 2,~- That upon the adoption of this Resolution,~the - City Secretary is hereby directed to certify to sufficient copies-: o£ this Resolution so that the same can be attached to said con- .~ tract and become a part thereof. SECTION 3. - That this F.esolution shall take effect immediately after its passage and approval. , PASSED ACID APPROVED this the 3rd day of February, A. D. 1976. r CITY OF DE~TON, ATTEST: .7 o~z otts tioi.T, cITY sI:cRETnaY CI7(,Y OF DENTO[I, TEXAS APPROVED AS TO L~E7GAL FORM; -~1,Z1~~~ -- ~- PAUL C. L`; 11.1P1, Ci'i'ti. A'1'1'Ol:NEY CITY OF :i)GCJTON, 'T'EXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF FEBRUARY, A D. 1976. RESOLUTION WHEREAS, the Caty of Denton and the Denton Chamber of Commerce are desarous to commence a campaagn to remove junk vehicles as defined by the Texas Cavil Statutes from the Caty of Denton, Texas; and WHEREAS, Section 14-29 of the Code of Ordinances of the City of Denton provide for a hearang on request of the owner or ocoupant of premases for determination of whether or not has vehacle as a junk vehlcle, and WHEREAS, the governlng body of the Caty of Denton is desirous of desagnat~ng a body before which these type hear- angs may be held; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT The Municipal Court of the C~ty of Denton, Texas shall hear any and all hearlngs pursuant to Section 14-29 of the Code of Ordanances of the C~ty of Denton to determine whether or not a veh~ole ~s a junk vehicle as defined by Texas C~vll Statutes and the Rules of C~vll Procedure applacable in the Courts of the State of Texas be applaed to these proceedings. PASSED and APPROVED thls the 3rd day of February, A D. 1976. i~T~S HOLT, CITY SECRETARY Y OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF FEBRUARY, A. D. 1976. RESOLUTION WHEREAS, at as the desire of the City of Denton to partici- pate · n the celebration of thas Nataon's Bicentennial Anniversary, and WHEREAS, the City of Denton deslres to be desagnated as a B~centenn~al C~ty; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT The Clty make appllcat~on to be desagnated as a Bicentennial City during the hastorac 200th Anniversary of the Unated States of America and the Caty of Denton pledges to lend its support ~n the furtheranoe of th~s Bacentennlal Celebration. PASSED and APPROVED th~s the 3rd day of February, A. D 1976. C TY OF DE ON, XAS ATTEST /? CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF FEBRUARY, A. D. 1976. RESOLUTION WHEREAS, it lSa public necessity to obtain certain pro- pertles for street improvements and capital improvements in the City of Denton, and WHEREAS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of One Hundred Three Thousand Five Hundred Ninety Four and 75/100 Dollars ($103,594.75), costs of closing included; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That money be expended from the Street Improvement Bond Fund to US Life & Title Company in the amount of Ninety Five Thousand Two Hundred Ninety Four and 75/100 Dollars ($95,294 75) and the amount of Three Thousand Two Hundred and No/100 Dollars ($3,200.00) in miscellaneous expenses as per the attached addendum affixed hereto; and that money be expended from the General Revenue Fund to US L~fe Tltle Company an the amount of Five Thousand TWo Hundred Dollars ($5,200.00) for acquisition of park property. PASSED and APPROVED this the 17th day of February, A D. 1976. ATTEST BR~ HOLT, CIT~ SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.' PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS ADDENDUM OF PROPERTIES & EXPENDITURES 1 STREET IMPROVEMENT BOND FUNDS' US LIFE & TITLE COMPANY Lena V. Beaty Carroll $14,000.00 Closing Cost 181.00 Hattme M. Denton Carroll 30,000.00 Closing Cost 246.00 St. Andrew Presbyterian Closing Cost 133.00 Church Lester F. Yarbrough Carroll 14,200.00 Closing Cost 184.50 Ben L. Smith, Jr. Carroll 4,300 00 Closlng Cost 125.00 Christine V. Offenbaoker Carroll 9,036.00 Closing Cost 159.50 Jod~e Daniel Carroll 4,000.00 Closing Cost 130.50 Marlno Rodriquez Carroll 17,000.00 Closzng Cost 193.00 Gerald E. Stone McKlnney Closmng Cost 116.00 Pearl Street Church of McKmnney Christ Closing Cost 382.00 Denton County Court Carroll 908.25 Clerk (Sam H~llard Condemnation) TOTAL STREET BOND FUND $95,294.75 2. MISCELLANEOUS. Earl Coleman Legal Fees $ 3,100.00 (Church of Christ & Thomas E. Noel) Real Estate Servmces Testimony (McK~nney St ) 100.00 TOTAL MISCELLANEOUS $ 3,200.00 3 GENERAL REVENUE FUND. US LIFE TITLE COMPANY Jerry Sl~mons Park Property $ 5.,200.00 TOTAL GENERAL REVENUE FUND $ 5~200~00 AT A ~GU~R MEETING OF THE CITY CO~CIL OF THE CITY OF DENTON, TE~S, HELD IN THE M~ICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF FEBRUARY, A D. 1976. RESOLUTION WHE~AS, on the 3rd day of February, 1976 at the regularly scheduled Clty Co~cll meeting, the C~ty Co~cll passed an ordin- ance calling for the elect~on of two co~cllpersons on the 3rd day of ~rll, 1976; and WHE~AS, a sectlon of that ordlnance provlded for the appoInt- ment of an Electlon Judge and the appointment of an Alternate Elec- t~on Judge; and ~E~AS, the C~ty Council at that meetlng appointed J. L. Carrlco as Elect~on Judge and Lee Knox as Alternate Elect~on Judge, and WBE~AS, at has come to the attention of the City Council that J L. Carrlco cannot act as Electlon Judge for the Clty Co~cll elect~on to take place on the 3rd day of ~r~l, 1976, now, therefore, BE IT ~SOL~D BY THE CITY CO~CIL OF THE CITY OF DENTON, TE~S- That ~ ~/~F be appointed presiding Election Judge ~d ~ be appointed Alternate Elect~on Judge for the C~ty Co~c~l elect~on scheduled to take place on the 3rd day of ~rll, 1976. PASSED and APPRO~D thls the 17th day of February, A. D. 1976 TOM D. JEST~/~Jn.~YOR CITY OF OEN , ATTEST~ ~OKS HOLT~ CITY SEC~TARY CITY OF DENTON, TE~S ~PRO~D AS TO LEGAL FO~' PAUL C. ISH~%M, CITY ATTO~EY CITY OF DENTON, TE~S Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF MARCH, A D. 1976. RESOLUTION WHEREAS, the City of Denton desires to sell $2,500,000 of General Obligation Bonds for Park and Street Improvement pur- poses, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS That the Notice of Sale and Official Statement with regard to the sale and ~ssuance of $2,500,000 C~ty of Denton General obligation Bonds, Ser~es 1976 (Parks and Street Improvement) are hereby approved, and Flrst Southwest Company ~s hereby authorized to mall sa~d Not~ce and Statement to prospectIve b~dders for receipt of blds by the City Couno~l on April 6, 1976. PASSED and APPROVED th~s the 16th day of March, A D 1976. TOM D. JES~ ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: -~AUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Next Document CERTIFICATE FOR ORDINANCE AUTHORIZING TIlE ISSUANCE OF GENERAL OBLIGATION BONDS THE STATE OF TEXAS : COUNTY OF DENTON CITY OF DENTON : We, the undersigned officers of sa~d City, hereby certify as follows: 1. The City Council of said City convened REGULAR MEETING ON THE 6TH DAY OF APRIL, 1976, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of sa~d City Council, to,wit: Brooks Holt, C~ty Secretary Tom D. Jester, Jr., Mayor Terrell K~ng Ellnor Hughes Ray Stephens Joe Mitchell and all of said persons were present, except the following absentees: ~F~ ~ ~ . · thus constituting a quorum. -Whereupon, among other bus~ness, the following was transacted at sa~d Meetang- a written ORDINANCE AUTHORIZING TIIE ISSUANCE OF GENERAL OBLIGATION BONDS was duly introduced for the consideration of saad City Councal and read in full. It was then duly moved and seconded that saad Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordanance, prevaaled and carried by the following vote: AYES:Ail members of said City Councal shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meetlng described an the above and fore- going paragraph ls attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from saad City Council's minutes of said Meeting pertaining to the passage of said Orda- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated there~n; that each of the offacers and members of said City Council was duly and suffaclently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that saad Ordinance would be introduced and considered for passage at sa~d Meetang, and each of sa~d officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meet- lng was open to the public, and public notace of the tame, place, and purpose of said meeting was g~ven, all as requared by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of saad City hereby declare that their signang of th~s Certaficate shall constatute the signing of the attached and following copy of saad Ordinance for all pur- poses. ~ S~NED AND SEALED the 6th day of Aprll~ (S AL) ........................................ ..... ........ We, the undersigned, bein~ respectively the City Attorney and the Bond Attorneys of the C~ty of Denton, Texas, hereby cer- tify that we prepared and approved as to legalaty the attached and following Ordinance prlo~resald. CLOSING CERTIFICATE THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : We, the undersigned officers of said City, hereby certify as follows: 1. That this certificate is executed for and on behalf of said City with reference to the issuance of the proposed CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1976, DATED APRIL 15, 1976, in the prlnc~pal amount of $2,500,000. 2. That, to our best knowledge and belief: (a) the description and statements of or per- raining to the C~ty contained ~n ~ts Official State- ment dated March 23, 1976, for ~ts $2,500,000 General Obligation Bonds, Ser~es 1976, on the date of such Official Statement, on the date of sale of said bonds and the acceptance of the best b~d therefor, and on the date of the delivery of sa~d bonds to the pur- chaser, were and are true and correct in all material respects; (b) insofar as the C~ty and its affairs, includ- ing its financial affairs, are concerned, such Official Statement did not and does not contain an untrue state- ment of a mater~al fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circum- stances under which they were made, not misleading, and (c) insofar as the descriptions and statements, including financial data, of or pertaining to entities other than the City, and their activities, contained in such Official Statement are concerned, such statements and data have been obtained from sources which the City believes to be reliable and that the City has no reason to believe that they are untrue in any material respect. SIGNED AND SEALED this City Secretary Mayor (SEAL) AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF APRIL, A D. 1976. THE STATE OF TEXAS COUNTY OF DENTON ~ IN APPRECIATION OF COUNCILMAN CITY OF DENTON I TERRELL W. KING III WHEREAS, on behalf of the people of the Crty of Denton, Texas the Mayor and C~ty Counerl desrre to p~blr~ly express their s~neere gratitude to Terrell W. K~ng III for hfs valuable publrc servrce as a member of the Crty Councrl from September, 1974 untrl Aprrl, 1976 havrng served as Mayor Pro-rem from April 1975 untrl Aprrl, 1976, and WHEREAS, Terrell W Krng III was appornted to the Coun~l to fulfill an unexprred term and, has unselfrshly con- trrbuted hfs trme and effort rn an outstandrng and exemplary manner, and has eontrnually represented the ~t~zens of Denton rna farr, ~mpartral and ~onsrderate manner, always open, receptrve and sensrtrve to the needs and comments of h~s fellow ~rt~zens, NOW, THEREFORE, on behalf of the people he has served so well, the Mayor and C~ty Co~n~rl drrect and order that a copy of thrs Resolution be forwarded to h~m, the sard Terrell K~ng III. PASSED and APPROVED thrs the 5th 76. CITY OF DENTON~ TEXAS ATTEST' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF APRIL, A D 1976 THE STATE OF TEXAS COUNTY OF DENTON I RESOLUTION IN APPRECIATION OF CITY OF DENTON X TOM D JESTER, JR. WHEREAS, the Coun~l of the Crty of Denton rs losrng one of rts most valued members, Tom D Jester, Jr., who was elected thereto rn April of 1972, havrng chosen not to seek re- elec~on rn order to devote more trme to hfs professronal praetrce of law, and WHEREAS, Tom D. Jester, Jr., has always served above and beyond the mere effrcrent drscharge of hfs dutres rn promotrng the welfare and prosperrty of the Crty, and has earned the full respect and adm~ratron of hfs subordrnates and fellow Counerlpersons~ and WHEREAS, Tom D Jester, Jr , has been very actrve as a member of thrs Co~ncrl, whrch elected hrm Mayor Pro~Tem rn Aprrl, 1973 servrng rn that capacrty untrl hfs eleet~on as Mayor rn Aprrl, 1975, whrch offrce eontrnued untrl the end of hfs last term, whrch rndrcates the esteem thrs Councrl holds for hrm, and WHEREAS, the Crty of Den£on has been extremely fortunate rn havrng enjoyed the dedicated and outstandrng servrces of Mayor Tom D. Jester, Jr., for the many years he has been wrth the Crty, and seek hfs future servrces and contrn~ed sup- port whrch we know wrll be forthcomrng, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON that the srncere and warm apprecratron of Tom D Jester, Jr., felt by the crt~zens and offrcers of the Crty of Denton, be formally conveyed to hrm rna permanent man- ner by spreadrng thrs Resolutron upon the offrc~al m~nutes of the Crty of Denton, Texas, and forwardrng to hrm a true copy hereof; and BE IT FURTHER RESOLVED, that the Crty of Denton does hereby offrcrally and cerely extend ~ts best wrshes to the Honorable Tom D. Jester, Jr., for a long and successful career as a member of our community, and as a crvr~ leader. PASSED and APPROVED thrs the 6th day of Aprrl, A D 1976. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM ~S~H A~ ,~C I~Y~A TTO RNEY CITY OF DENTON, TEXAS Nex DocUment AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF JUNE, A. D 1976. RESOLUTION WHEREAS, a need exists wlthln the Police Department of the City of Denton for Multi-Channel Monitoring and Recording Equip- ment, and WHEREAS, funding is avallable from the Texas Criminal Justice Council to assist the C~ty of Denton an the purchase of this needed equipment. NOW, THEREFORE, BE IT RESOLVED BY THE cOUNCIL OF THE CITY OF DENTON, TEXAS, THAT- Appllcat~on be made to the Texas Crlm~nal Justice Council to assist the City of Denton ~n the purchase of Communlcatlons Multi- Channel Monitoring and Recording Equipment for the Denton Police Department. PASSED AND APPROVED this the 1st day of June, A D. 1976. ELINOR HUGHES~~~R CITY OF DENTON, TEXAS ATTEST~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 1ST DAY OF JUNE, A. D. 1976. RESOLUTION WHEREAS, the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas was prepared by Dewey Fields, a Registered Public Surveyor in the State of Texas for Harrison Bumlders, Inc , on or about April 17, 1974; and WHEREAS, said plat was approved by the City Planning Commis- sion of the Czty of Denton, Texas on, or about the 19th day of June, 1974; and WHEREAS, said plat was recorded in Volume 11, Page 5 of the Plat Records of Denton County, Texas; and WHEREAS, the surveyor has now found that the length shown by said plat on the four short appendages are Incorrect. That the distances shown on said plat are the distances measured on the ground from centerllne of base easement, but is shown by said plat to be the distance from the near side of said easement to its end. Therefore, the lengths of said four short appendages should be and are, on the ground eight feet less than reflected by the aforementmoned plat, and WHEREAS, a correction has been filed by Dewey Fields, Texas Registered Public Surveyor No. 1565, and the C~ty of Denton acknow- ledges and consents to this correctIon; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT The C~ty of Denton relinquish all right, tmtle and interest that it may have in the eight feet that was originally shown on the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas and it hereby approves the correction f~led by Dewey Fields, Texas Registered Public Surveyor. PASSED and APPROVED this the 1st day of June, A. D 1976. ELINOR HUGHES, M~%YOR CITY OF DENTON, TEXAS BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. P~UL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS ~ ' ~ ON? AT A REGULAR MEETING OF TIIE CITY coUNCIL O~I~rHE CITY ~, DENT TEXA~ HELD IN THE MUNICIPAL BUILDING OF S~D C~ ON HE 1ST DAY Q~ JUNE, A. D. 1976. DEED RESOLUTION 10758 WHEREAS, the plat of Unit 1, Block 3, Denton North Addition, City of Denton, Denton County, Texas was prepared by Dewey Fields, a Registered Public Surveyor in the State of Texas for Harrison Dulid~r~, Inc., on or a~out Ap~m! 17, i9f4, WHEREAS, said plat was approved by the C~ty Planning Comm~s- sion of the City of Denton, Texas on, or about the 19th day of Juno, 1974; and WHEREAS, said plat was recorded ~n Volume 11, Page 5 of the Plat Records of Denton County, Texas, and WHEREAS, the surveyor has now found that the length shown by sa~ plat on the four short appendages are incorrect That the distances shown on sald plat are the dmstances measured on the ground from centerllne of base easement, but ~s shown by samd plat to b.e the distance from the near side of said easement to its end. Therefore, the lengths of sa~d four short appendages should be and are, on the ground e~ght feet less than reflected by the aforementloned plat, and WHEREAS, a correction has been f~led by Dewey Fields, Texas Reglstered Publzc Surveyor No. 1565, and the City of Denton acknow- ledges a~d consents to this oorrect~on, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The C~ty of Denton relinquish all right, title and interest that ~t may have ~n the eight feet that was originally shown on the plat of Unit 1, Block 3, Denton North Addition, C~ty of Denton, Denton County, Texas and ~t hereby approves the correct~on filed by Dewey Fzelds, Texas Registered Public Surveyor. PASSED and APPROVED this the 1st day of June, A D 1976. [~ ELINOR HUGHES, ~ CITY OF DENTON, TEXAS gRDOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS PROVED TO L GAL 790 81 CITY OF DENTON, TEXAS COUNTY OF DENTON DE~) ~0~, Whereas, the Plat of U~it One, Block Thr~eV~n~~~North Addition, City of Denton, Denton County, Texas was prepared by this surveyor for Harrison Builders, Inc., on or about Apri~ ~, 1974; And ~ereas said plat was approved by the City Planning Commission of the City of Denton, Texas on, or abouth June 19, 1974; And Whereas said plat was recorded in Volume 11, page 5 of the Plat Records of Denton County, Texas~ And Whereas, this surveyor has now found thmt the lengths shown by said plat on the four short appendages are in- correct. The distances shown on said plat are the dis- tances measured on the ground from centerline of base easement, but is shown by said plat to be the distance from the near side of said easement to its end. There- fore the lengths of said four short appendages should be and are, on the ground 8 feet less than reflected by aforementioned plat. NOW, THEREFORE, KNOW ALL MEN BY TMESE PRESENTS: that Dewey Fields, Texas Registered Public Surveyor does hereby amend said plat insofar as reflected herein. Dewey Fields, Texas egistere Public Surveyor ~o. 1565 April 29, 1976 STA~E OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Dewey Fields, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein exl~ressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day of April, 1976. Not~y Public i~ and for Den~ ~3 county, Texas ' Nexlt Document AT A REOULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON~ TEXAS, HELD I~N THE MUNICIPAL BUILDING OF SAID CITY ON THE ~ DAY OF ~U~ , A. D. 1976. ! RESOLUTION WHEREAS, the City of Denton presently operates a sanitary landfill, and said sanitary landf~ll will be fully utilized w~th- in approx~mately twelve (12) months; and WHEREAS, the Cltles of Denton, Sanger, Pilot Point and Aubrey, all Denton County Cltles, have expressed an ~nterest in cooperating ~n developing a regional sanitary landf~ll for joint use, and WHEREAS, the C~ty of Denton deems ~t appropriate for the County of Denton to construct and develop such sanitary landf~ll, requests that the Commissioner Court of Denton County ~ssue the necessary Revenue Bonds to purchase and develop sa~d sanitary landf~ll site, and WHEREAS, the C~ty of Denton agrees to execute a contract w~th the County of Denton to guarantee annual payments in an amount re- quoted to retire the principal and ~nterest on the bonded ~ndebted- ness in proportion to the percentage of the site used by the C~ty of Denton; and WHEREAS, the City of Denton further agrees that ~t w~ll s~gn a contract to operate the proposed sanitary landf~ll ~n accordance w~th all ordinance, state statutes, and rules and regulations of promulgated by the Texas Department of Health Resources, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RESOLVES. That the staff should be directed to negotiate agreements w~th the County of Denton to guarantee payment of a proportion of the cost of a regional sanitary landfill and to operate the same, and bring such agreements to the Council for approval, and that the County should be encouraged to be the sponsor of the regional land- f~ll and to fund the same PASSED and APPROVED this the ~'~"day of ~_~__~, A D 1976 ELINOR HUGHES, M~OR CITY OF DENTON, TEXAS ATTEST~,~ ~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. ~qq~I)L C. 1SHAM~, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF JULY, A. D. 1976 R E S 0 L U T I 0 N WHEREAS, a need exists within the City of Denton to re- duce major cr~me through a close contact and cooperative effort between the Denton Police Department and the citizens of Denton, and WHEREAS, funding ~s available from the Texas Criminal Justice Council to assist the C~ty of Denton ~n supporting a Police Cr~me Prevention Un~t; and WHEREAS, the City of Denton has received funding for such unit for one year, and ~s seeking funding for a second year with the commitment to continue the project after the second year ~f the same has been successful, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT Applications be made to the Texas Criminal Justice Council to assist the C~ty of Denton ~n f~nanclng a Crime Prevention Un~t, and the City of Denton commits ~tself to continuing the project at least at the same level as the second year of funding ~f the same is successful and has been funded by the Texas Criminal Justice Council for the second year PASSED and APPROVED th~s the 6th day of July, A D 1976 ELINOR HUGHES, MgkiFOR CITY OF DENTON, TEXAS ATTEST WILLIm K. C~E, AS~.'C'ITY SECRETARY CITY OF DENTON, TEXAS AP~V~D AS TO LEGAL FORM PAUL CS ~I~AM, 'CITY ATTORNEY CITY OF DENTON, TEXAS Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 27TH DAY OF AUGUST, A. D 1976. RESOLUTION WHEREAS, the City of Denton along with the C~tles of Bryan, Greenville and Garland, Texas, have heretofore by concurrent ordinances provided for the creation of the TEXAS MUNICIPAL POWER AGENCY (TMPA) under the provisions of Article 1435a, V.A.T C.S., and WHEREAS, the City of Denton has previously entered into a "Contraot for Development of Fuel Resources and Planning Electric Generation Facilities" and a "Contract for the Performance of Certain Duties" with TMPA; and WHEREAS, the City of Denton has passed Ordinance No 76-38 approving a Power Sales Contract with TMPA, and approving a TMPA Bond Resolution in the amount of $50,000,000; and WHEREAS, the Mayor of Denton has executed the said Power Sales Contract pursuant to the authority granted to her by Ordinance No. 76-38, and WHEREAS, previous to passing Ordinance No. 76-38, the City Councll had passed a motion asking Texas Power and L~ght Company to make a formal offer for the City of Denton Electric Utility System; and WHEREAS, in discussion prior to passage of Ordinance No. 76-38, legal counsel had informed the city council that it would be practically Impossible for the City of Denton to dispose or sell its electrical utility system if the ordinance was passed and the Power Sales Contract executed, and WHEREAS, Sectlon 12.04 of the City Charter of the C~ty of Denton states "No sale, lease or disposal of any utility system or any part thereof essential to continued effective utility service, shall ever be made unless such sale, lease or disposal is approved by a majority vote of all the qualified electors in the City of Denton ", and WHEREAS, it is the intention of the City Council of the City of Denton not to jeopardize or harm the financing and operations of TMPA or its member cities, or to jeopardize Denton's position in TMPA, and WHEREAS, at is the intention of the City Council to explore only those areas of business relationships regard- lng its electric utility system with other entitles that are legally permissible under the terms and conditions of the Power Sales Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: that ~t w~ll not do any act ~n regard to the sale or disposal of its electric utlllty system that ls not permitted by state law, clty charter, the Power Sales Contract, or the ordinances auth- orizing the outstandlng C~ty of Denton Electric Revenue Bonds, and that the City will not take any course of action that would be harmful or detrimental to TMPA, or ~ts member c~t~es. PASSED AND APPROVED th~s the 27th day of August, A. D 1976 ~INOR HUGHES,~~OR CITY OF DENTON, TEXAS BRaS 'HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF AUGUST, A. D. 1976. RESOLUTION WHEREAS, on June 10, 1976, the Caty of Denton, Texas, submitted to the Texas Aeronautics Commission an application for a grant-in-aid for an airport development project at the Denton Municipal A~rport; and WHEREAS, the Texas Aeronautics Comm~ssaon has assued a Grant Offer for TAC Project No 762-12, dated June 17, 1976, whlch, if duly accepted, provides a commltment of 12 1/2% of all allowable project costs of sald pro3ect, not to exceed a maxlm~m obllgatlon of $20,000; and WHEREAS, the Caty of Denton, Texas, has avaalable a l~ke amount of matching f%~nds, an cash or an k~nd, whach have been appropriated and designated for aarport development pur- poses; and WHEREAS, it is determlned to be in the best interests of the cltlzens of the C~ty of Denton, Texas, to accept thas Grant Offer and thereby enter lnto a Grant Agreement with the Texas Aeronautics Commission, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. That the City of Denton, Texas, does hereby enter into a Grant Agreement wlth the Texas Aeronautics Commassaon by accepting the Grant Offer for TAC Pro3ect No. 762-12, dated June 17, 1976; and, be ~t further RESOLVED, that the Caty of Denton, Texas, shall be bound by the provaslons of said Grant Agreement, a copy of which is attached hereto as Exhlblt "A" and made a part hereof for all legal purposes; and, be ~t further RESOLVED, that Jim Whlte, the City Manager be, and he is hereby authorized and d~rected to execute sa~d Grant Agree- ment on behalf of the City of Denton, Texas. PASSED and APPROVED th~s the 3rd day of August, 1976. EL~HES ,~~ CITY OF DENTON, TEXAS ~ HOLT, C~TY SECRETARY ~CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: P~UL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS C ty of Denton 0 Muntctpal Butldtng, Dentov Texas 76201 ~~ August 10, 1976 Texas Aeronautics Commission P. O. Box 12607 Capitol Station Austin, Texas 78711 Dear Sir Attached to th~s letter ~s an executed Grant Agreement offered by the Texas Aeronautics Commsslon to the C~ty of Denton on June 17, 1976 The C~ty of Denton C~ty Council for- mally approved the Grant Agreement at the regular meeting on Tuesday, August 3, 1976. A certified copy of the official Resolution ~s attached as per your ~nstruct~ons You w~ll note that the Grant Agreement is signed by Jack Owen, Assistant C~ty Manager, rather than C~ty Manager J~m White. Jack Owen ~s authorized by the C~ty Council Resolution to perform the duties of the City Manager ~n his absence I have enclosed for your information a copy of this Reso- lution authorizing Jack Owen to s~gn for J~m White Mr White ~s currently on vacation and will not return until after the deadline for submitting th~s Grant Agreement Should this arrangement present any problem, please let me know as soon as possible so that it might be corrected Many thanks for your assistance in improvements at Denton Municipal A~rport S~ncerely, Wlll~am K Cole Assistant to the C~ty Manager WKC/js Attchs. TEXAS AERONAUTICS COMMISSION GRANT AGREEMENT Part I - Offer Date of Offer June Y7t 1976 TAC Project No 762-i2 TO Denton, Texas (Hereto referred to as the "Sponsor") FROM The State of Texas, acting through the Texas Aeronautics Commission (Hereto referred to as the "Commission") WHEREAS, the Sponsor has submitted to the Commission an apphcanon for grant dated June 10, 1976 , for a project for development of the Denton M~nicipal Airport Airport, together wlth plans and specl- hcatlons for such project which apphcat~on for grant as approved by the Comm~smon is hereby incorporated and made a part of th~s grant by ref6r- ence so as to have the same effect as though repeated herein, and WHEREAS, the Sponsor certifies that ~t has available m cash and/or m other acceptable form the resources for the undertaking and successful completion of this project, and WHEREAS, the Commission has approved a project for development of the A~rport (here~n called the "ProJect") conmstmg of the following described a~rport development Acquire land in the south clear zone to runway 35 TAC ORIGINAL TAC FORM 100 (Rev 12/74) Page 1 of 5 NOW THEREFORE, pursuant to and for the purpose of carrying out the provimons of the Texas Aeronautics Commission Act as amended, and m consideration of (a) the Sponsor's adoption and ratification of the conditions comprising this Offer as hereinafter prowded, and (b) the benefits to accrue to the State of Texas and the pubhc from the accomphshment of the ProJect and the operation and maintenance of the A~rport as herein prowded, THE TEXAS AERONAUTICS COMMISSION, FOR AND ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay, as the State'of Texas' share of the allowabJe costs recurred m accomphshmg the P~olect, 124% per centum of all allowable costs, or the maximum obligation of the state payable under th~s Offer, whichever ~s the lesser Th~s Offer ls made on and subject to the following terms and conditions 1 The period of th~s agreement shall be twenty (20) years from the date of Sponsor's acceptance. 2. The maximum obhgat~on of the State of Texas payable under th~s Offer shall be $20,000 3 The Sponsor shall a. Begin construction on or before Not applicable Failure to do so will constitute just cause for termination of the obhganons of the State of Texas hereunder by the Commission, unless at the Sponsor's request, the Commlsmon grants add~tmnal t~me m writing b Carry out and complete the Project without undue delay and m accordance w~th the plans and specff~canons which are incorporated hereto. The Commlsmon has the optmn to w~thhold the payment of any State funds unless the plans and specfflcanons have been completed and approved by the Commission c Make every reasonable attempt to complete the Project on or before Make ever~' reasonable attempt t.o complete the project before January 1, 1977 4. The allowable costs of the Project shall not include any costs de~ermmed by the Commission to be mehg~ble for conmderatmn as to allowab~hty. TAC FORM 100 (Rev. 12/74) Page 2 of 5 5. Payment of the State of Texas' share of the allowable project costs w~ll be made pursuant to and in accordance with the established procedures approved by the State Comptroller and the Commission F.mal determmanon as to the allowability of the costs of the project will be made at the time of the final grant payment 6 The Commismon reserves the right to amend or withdraw th~s Offer at any time prior to its acceptance by the Sponsor. The acceptance period cannot be greater than 60 daysafter Issuance unless extended in wrmng by the Commission 7 The Comtmssion will not become a part of any contract or commitment which the Sponsor may enter into or assume in carrying out this ProJect. Progress payment from the grant will be paid to the Sponsor periodically as development ~s satisfactorily completed The Sponsor in turn shall settle all project encumbrances and financial obhgauons 8 Approximately ten (10) per cent of the total grant will be w~thheld by the Commission, to be paid only after all work has been completed, respected and approved by the Commission, or its designated reprc- sentanve. 9 Any and all fees collected for use of the a~rport or naviganonat facilities constructed in part with funds granted herein shall be reasonable and non-discriminatory The amount realized from fees so collected will be used solely for the operation, maintenance and upkeep of the airport, and for further development of the airport as funds permit. (See also V T.C $. Art 46d-11) 11. The Sponsor will, if requested by the Commission, on September I of each and every year submit to the Commission an itemized statement of revenue received from thc a~rport and expenditures made thereon for the preceding year 11 All future development of the airport w~ll be consistent w~th a current master airport layout plan, approved by the Comm~ssmn and maintained by the Sponsor A rcproduccablc copy of saId plan, and all subsequent modifications thereto, shall be hlcd with and approved by the Commission 12 Where the authorized airport development project Includes the installation of lighting, the Sponsor hereby agrees unconditionally TAC FORM 100 (Rex,. 12/74) Page 3 of 5 that such hghtmg system w~ll, whether automatically or manually, be m operatmn from sunset to sunnse. SPECIAL CONDITIONS 13 No payment of fund8 will be made until the title has been approved Breach Of primary ~mportance to the Commission m comphance w~th the terms and conditions of this agreement If, however, after all reasonable attempts to reqmre comphance have failed, the Commission f]nd~ that Sponsor is un- w~lhng and/or unable [o comply with any of the terms and condmons of thru agreement, or the apphcat~on ~ncorporated herein, the Comm]smon may, m its d~screnon, reqmre a pro rata refund of money granted herein, depending upon the nme of breach The Sponsor's acceptance of this Offer and ratification and adopnon of apph- cation for grant incorporated herein shall be ewdcnced by cxecutmn of this instrument by the Sponsor, as hereinafter provided, and said Offer and Acceptanco shall comprise a Grant Agreement, constituting thc obhgat]on~ and rights of the State of Texas and the Sponsm with respect to the accom- phshment of the Project and the operation and maintenance of the A~rpmt Such Grant Agreement shall become effective upon thc Sponsor's acceptance of this Offer and shall remain m full force and effect throughout thc useful life of the faclhtles developed under the ProJect, bur m any event not to exceed twvcnty (20) years from the date of said acceptance STATE OF FI£XAS TEXAS AERONAUTICS COMMISSION Charles Murpqn~, [hr,~ r TAC FORM 100 (gev 12/74) Page 4 of 05 Part II - Acceptance The City of Denton does hereby rat]fy and adopt all statements, representations, warrantms, convenants and agreements constituting the described ProJect and incorporated matemals referred to m the foregoing Offer, and does hereby accept said Offer, and by such acceptance agrees to all of the terms and condltmns thereof. Executed th~s 10th day of August 19 76 (Seal) The City of Denton (Spons~ ' Clty Secretary . //~s~stan~: C~ty-Manager T~tle Tltte ~' TAC FORM 100 (Rev 12/74) Page 5 of 5 AT A REGULAR ~IEETING OF Tl~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 3RD DAY OF AUGUST, A. D. 1976. RESOLUTION WHEREAS, Denton County Communaty Counczl as a medaum through which interested catlzens, organazataons, agencaes, and departments of government can work and coordanate together the needs of the community; and WHEREAS, the Community Councal as workang towards the prevention and elimination of condat~ons whzch cause or per- petuate sooaal problems; and WHEREAS, the Community Council has, as a purpose, the collecting, organlzang and dlssemanatlng of information concern- lng socaal service needs and the resources wathzn the community for meeting such needs; and WHEREAS, the Denton County Communzty Councal as sponsoring a proposal entatled "A Comprehensive Development Grant for Szngle Heads of Households wath Children" to be submatted to the Texas Department of Communaty Affaars by Community Servaces Inc.; and WHEREAS, the City Council of the Caty of Denton supports the functions of the Denton County Community Councal, and encour- ages the Community Council to seek such a grant for the benefit of the citizens of the city and county; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the Caty Councal support the Denton County Communaty Councal in seeking a grant for the "Comprehensave Development for Single Heads of Households with Chaldren", and that the Texas Department of Communaty Affaars gave favorable cons~derataon to such grant request and the benefats that such a grant wall bestow on the cltazens of the City of Denton and Denton County. PASSED and APPROVED thas the 3rd day of August, A. D. 1976. EhI~OR HUGHES~ CITY O~ DENTON, TEX~S ATTEST: ~R~K)~S -HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. iSHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Next Document AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF SEPTEMBER, A. D. 1976. RESOLUTION WHEREAS, there has been formed an organization called the Denton County Association of Governments for the purpose of pro- vldlng a unifying framework for meeting local government problems and needs; and WHEREAS, a single government has very little impact on the Regional, State and National level; and WHEREAS, an effective organization of governments could be very effective. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I That the Clty of Denton does hereby loin the Denton County Association of Governments. SECTION II. That the By-Laws of the Denton County Associa- tion of Governments, a copy of which is attached are hereby ratified. SECTION III. That ~F ~//'~/~Z& is appointed as delegate.to the_Denton County Association of Governments and that ~/~gF~' ~F~/ is appointed as alternate delegate to the Denton County Association of Governments from the City of Denton. The terms of office established by the By-Laws to expire in May, 1977. PASSED and APPROVED this the 7th day of September, A. D. 1976. ELINOR HUGHES, ~{~/~OR CITY OF DENTON, TEXAS ATTEST'~~ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHA/4, CITY ATTORNEY CITY OF DENTON, TEXAS BYLAWS DENTON COUNTY ASSOCIATION OF GOVERNMENTS I. STATEMENT OF PRINCIPLES A. THERE ARE TWO BASIC IDEAS WHICII UNDERLINE THE PURPOSL OF THIS ASSOCIATION: 1. EXISTING CITY AND COUNTY GOVERNMENTS, AS THOSE CLOSEST TO ~E PEOPLE, SHOULD BE MAINTAINED AND CONTINUE TO HAVE PRIMARY RESPONSIBILITY FOR SERVICES TO THEIR CIT1ZhNS. 2. CHANGES IN SERVICES AND NEEDED REGULATIONS, RESULTING FROM SCIENTIFIC AND TECHNICAL ADVANCES, HAVE MADE SOME OF THESE SERVICES AND REGULATIONS PRACTICAL OR ECONOM- ICAL ONLY WHEN PROVIDED ON A LARGE SIZE OR VOLUME BASIS. B. FUNDAMENTAL PURPOSE OF THIS ASSOCIATION IS TO PROVIDE A FORUM FOR DISCUSSION OF COMMON PROBLEMS AND EXPLORATION OF POSSIBLE SOLUTIONS. IN THIS CONNECTION, THIS ASSOCIATION SHALL ALSO SERVE AS A CHANNEL FOR INFORMATION ABOUT AND COOHDINATION WITH EFFORTS OF OTHER AGENCIES AND OHGANIZATIONS IN THIS REGION CON- CERNED WITH COMMUNITY DEVELOPMENT. C. A SECONDARY PURPOSE OF THIS ASSOCIATION IS TO PROVIDE A VEHICLE FOR ESTABLISHING, ON A VOLUNTARY BASIS, COOPERATIVE LOCAL SER- VICES IN AREAS DEEMED APPROPRIATE BY THE PARTICIPATING GOVERN- ME~TS. THESE SERVICES MAY BE ACHIEVED THROUGH JOINT ACTIVITIES, CONTRACTUAL ARRANGEMENTS, OR OTHER SUITABLE DEVICES. II. NAME.OF ORGANIZATION A. THE NAME OF THIS ORGANIZATION SHALL BE "DENTON COUNTY ASSOCIATION OF GOVERNMENTS." III. PRINCIPLE PLACE OF BUSINESS A. THE PLACE WHERE THE PRINCIPLE BUSINESS OF THIS ASSOCIATION SHALL BE TRANSACTED SHALL BE THE JURISDICTION kSIICH THE PRESIDENT REPRESENTS. IV. MEMBERSHIp ~ A. MEMBERSHIP IN THIS ASSOCIATION SHALL BE VOLUNTARY AND WILL BE DETERMINED BY PASSAGE OF A RESOLUTION BY ITS INDIVIDUAL GOVERN- ING BODY, AND SHALL BE OPEN TO ANY INCORPORATED CITY, MUNICI- PALITY, TOWN, VILLAGE, THE COUNTY OR SPECIAL DISTRICT WITHIN THIS COUNTY OF TEXAS. THE RESOLUTION SHALL INCLUDE RATIFICA- TION OF TItESE BYLAWS. page 1 V. ORGANIZATION A. THE COUNCIL OF DELEGATES SHALL BE THE GOVERNING BODY OF THIS ASSOCIATION. B. MEMBERSHIP OF THE COUNCIL SHALL CONSIST 0F ONE DELE(;ATE FROM EACH MEMBER ENTITY , CHOSP.N BY THE GOVERNING ~AODY OF THAT ENTITY. ALL SUCH DELEGATES SflALL BE ELECTED OFFICE HOLDERS FOR THEIR RESPECTIVE GOVERNMENTS, EXCEPT AS SPECI- FIED IN PARAGRAPH V,C BELOW. C. IN ORDER TO INSURE REPRESENTATION AT ALL MEETINGS, EACIt MEMBER ENTITY SHALL DESIGNATE 0NE PRINCIPAL AND ONE ALTEH- NATE DELEGATE. EACH MEMBER ORGANIZATION MAY SEND AS MANY DELEGATES AS DESIRED TO THE MEETINGS. TIlE ALTERNATE MAY BE AN ADMINISTRATIVE EMPLOYEE OF THE MEMBER GOVERNMENT AND SHALL VOTE ONLY IN THE ABSENCE OF THE PRINCIPAL FHOM HIS GOVERNMENT · D. THE GOVERNING BODY SHALL BE RESPONSIBLE FOR THE GENERAL POLICIES AND PROGRAMS OF THIS ASSOCIATION. FOR Till% ELEC- TION OF 0FFICERS, AND FOR ~iENDMENTS TO THESE BYLAWS. E. A QUORUM SHALL CONSIST OF DELEGATES FRO,~ MAJORITY OF THE MEMBERS. A QUORUM SHALL BE REQUIRED FOR ALL ANNUAL FkETINGS AND F0R ALL OTHER MEETINGS AT WHICH OFFICIAL ACTION IS TO BE TAKEN · F. WHEN A QUORUM OF THE ASSOCIATION IS PRESENT AT ANY MEETING, THE MAJORITY VOTE OF THE VOTING MEMBERS, OR THEIR ALTERNATE, PRESENT SHALL DECIDE ANY QUESTION UNDER CONSIDERATION EXCEPT BYLAWS. G. EACH DELEGATE SHALL REPRESENT HIS GOVERNI~iENT IN THE MEETINGS OF TIlE COUNCIL AND SHALL REPORT TO THE GOVERNING BODY OF HIS GOVERNMENT REGARDING ACTIVITIES 0F THE COUNCIL AND OF THE ASSOCIATION. IT SHALL BE THE RESPONSIBILITY OF EACh{ COUNCIL MEMBER TO PRESENT TO HIS GOVERNMENT ANY RECOMMENDATIONS FRO,~i THE COUNCIL F0R OFFICIAL ACTION AND TO REPORT TO THE COUNCIL THE ACTION UPON SUCH RECOMMENDATIONS. VI. OFFICERS OF THE COUNCIL DELEGATES A. THE ASSOCIATION SHALL ELECT A PRESIDENT AND VICE-PRESIDENT OF THE ASSOCIATION. VACANCY OF ANY SUCH POSITION SqALL LE FILLED BY ELECTION AND SHALL HOLD OFFICE UNTIL THE EXPIHA- TION OF THE TERM 0F qIS PREDECESSOR. TERMS OF OFF1Ch oF SUCH OFFICERS SHALL BE FOR ONE YEAR WITH ELECTIONS TO BE HEkD MAY OF EACH YEAR. ALL SUCH OFF1CERS W1LL CONTINUE TO ShNVE IN THEIR RESPECTIVE POSITIONS UNTIL A REPLACEMENT HAS BEEN DULY ELECTED. A SECRETARY/TREASURER OF TIlE ASSOCIATION S'IALL PaEe2 VI. OFFICERS OF THE COUNCIL DELEGATES (continued) BE APPOINTED BY THE PRESIDENT WITH THE CONCURRENCE OF A M~JORITY OF TIIE COUNCIL OF DELEGATES. THE SECRETARY/ TREASURER SHALL BE FROM THE SAME MEMBER GOVERNMENT AS THE PRESIDENT BUT SHALL HAVE NO VOTE ON THE COUNCIL UN- LESS SUCH SECRETARY/TREASURER IS ALSO AN ALTERNATE DELE- GATE AND VOTES UNDER THE PROVISIONS OF pARAGRAPH V,C ABOVE. B. DUTIES OF THE pRESIDENT SHALL BE: 1, PRESIDE OVER ALL MEETINGS OF THE ASSOCIATION, 2. CALL SPECIAL MEETINGS AS REQUIRED HEREIN, 3. pERFORM ALL ACTS AND DUTIES USUALLY pERFORmED ~Y pRESIDENTS, SIGN ALL SUCH PAPERS OF THE ASSOCIATION AS HE MAY BE AUTHORIZED OR DIRECTED TO SIGN BY TI{E ASSOCIA- TION FROM TIME TO TIME, AS WELL AS ALL OTHER pAPERS PROVIDED BY LAW. C. DUTIES OF VICE-PRESIDENT 1. THE VICE-PRESIDENT SHALL PRESIDE OVER COUNCIL MEET- INGS IN THE ABSENCE OF THE PRESIDENT. IN THE EVENT OF A VACANCY IN THE OFFICE OF PRESIDENT, HE SHALL SUCCEED TO THAT OFFICE FOR THE REMAINDER OF HIS TERM OF OFFICE. D. DUTIES OF SECRETARY/TREASURER 1.THE SECRETARY/TREASURER SHALL KEEP THE MINUTES OF ALL MEETINGS, 2. SHALL RECEIVE ANY MONIES PAID TO THE COUNCIL OR TO THE ASSOCIATION AND PROVIDE FOR THEIR DEPOSIT AS INSTRUCTED BY THE COUNCIL, 3. ALL CHECKS OR D~4ANDS FOR MONEY OF THE ASSOCIAT10N~ SHALL BE SIGNED BY THE PRESIDENT AND THE SECRETARY/ TREASURER, OR SUCH PERSONS AS THE ASSOCIATION MAY FROM TIME TO TIME DESIGNATE, SHALL KEEP ACCOUNTS OF ALL RECEIPTS AND EXPENDITURES AND REPORT THESE TO EACH COUNCIL MEETING. A. ASSOCIATION MEETINGS SHALL BE HELD MONTHLY UNLESS OTHERWISE DESIGNATED BY THE ASSOCIATION. SUCH MEETI~GS SHALL BE HELD FOR THE pURPOSE OF ~MENDING BYLAWS, ELECTING OFFICERS AND CONDUCTING ANY OTHER BUSINESS WHICH MAY lSE DEEMED APPRO- PRIATE. B. WRITTEN NOTICE OF THE ASSOCIATION MEETING SHALL BE SERVED UPON OR MAILED TO EACH MEMBER AT LEAST SEVEN DAYS PRIOR TO A MEETING. pege 3 VII. MEETINGS (continued) SPECIAL MEETINGS, FOR ANY PURPOSES OR PURPOSE, SHALL BE CALLED BY THE PRESIDENT AT TIIE WRITTEN REQUEST OF AT LEAST 10 PERCENT OF THE TOTAL MEMBERS OR AT THE WILL OF THE PRESI- DENT. BUSINESS TRANSACTED AT ALL SPECIAL MEETINGS SHALL BE CONFINED TO THE OBJECTS AND BUSINESS TO BE TTANSACTED AS IN WRITTEN NOTICE OF SUCH SPECIAL MEETING ~{ICH SHALL ALSO STATE THE TIME AND PLACE 0P SUCH SPECIAL MEETING. VIII. DUES AND BUDGET A. THE ASSOCIATION BY MAJORITY VOTE, SHALL HAVE THE POWER TO CREATE AND ESTABLISH A WORKING CAPITOL FOR THE SUCCESSFUL OPERATION OF THE AFFAIRS OF THIS ASSOCIATION AS FOLLOWS: 1. ESTABLISHMENT OF DUES FROM EACH MEMBER, Z. ALLOCATING ANY UNUSED SURPLUS FUNDS ON HAND FROM DUES PAID BY MEMBERS OR DONATIONS, 3. SOLICITATION 0F FUNDS IN THE FORM OF DONATIONS. B. THE FISCAL YEAR OF THE ASSOCIATION SHALL BEGIN ON THE FIRST DAY OF OCTOBER IN EACH YEAR. C. THE ANNUAL BUDGET, INCLUDING THE DUES STRUCTURE, FOR THE ASSOCIATION SHALL BE PREPARED, APPROVED, AND ADOPTED BY THE ASSOCIATION ON OR BEFORE THE LAST DAY OF SEPTEMBER OF EACH YEAR, AFTER A HEARING THEREON. D. NEW MEMBERS MAY JOIN THE ASSOCIATION UPON A PRO-RATE PAY- MENT OF DUES FOR THE REMAINING PORTION OF THE CURRENT FIS- 0AL YEAR. E..A FINANCIAL REPORT SHALL BE MADE AFTER THE GLOSE OF THE FIS0AL YEAR AND BE MADE AVAILABLE TO ALL MEMBERS. IX. WAIVER OF NOTICE A. WHENEVER ANY NOTICE IS REQUIRED TO BE GIVEN UNDER THE PROVISIONS 09 THE BYLAWS TO ANY MEMBER, A WAIVER THEREOF IN WRITING SIGNED BY THE PERSONS ENTITLED TO SUCH NOTICE, WHETHER BEFORE 0R AFTER TItE TIME STATED THEREIN, SHALL BE DEEMED EQUIVALENT THERETO. X. .AMENDMENTS A. THESE BYLAWS MAY BE ALTERED, A~ENDED OR ADDED TO BY WRITTEN BALLOTS FROM THE MEMBERS, PROVIDED= 1. THAT NOTICE 0F THE CHANGES S}IALL CONTAIN A FULL STATEMENT OF THE PROPOSED AMENDMENT OH AM}~IDMENT~. THE ENACTMENT 0F THE AMENDMENT SHALL HEQUIRE A MAJORITY VOTE OF TqE ASSOCIATION AND SHAf,1, NOT ADOPTED UNTIL RATIFIED BY THE (~OVENNING i~ODIES OF TWO-THIRDS (2/3) OF THE MEMBER CITIES OF THE ASSOC- IATION. Psge $ XI. ~0WE~S AND DUTIES OF THE COUNCIL OF DELEGATE~ A. TItE COUNCIL OF DELEGATES HAVE THE POWER AND DUTY TO EXPLORE AND DEFINE SUBJECTS AND/OR AREAS FOR COOPER- ATIVE OR JOINT ACTION AMONG THE MEMBERS. B. IT SHALL DETERMINE THE MOST APPROPRIATE METHOD FOR A00OMPLISHING SUCH ACTION AND HECOMMEND ADOPTION OF THAT METHOD TO EACH MEMBER. IT SHALL PREPARE, OR 0AUSE TO BE PREPARED, ANY ORDINANCE OR DOCUMENT NECESSARY FOR ADOPTION BY THE MEMBERS. C. NO RECOMMENDATION OF THE COUNCIL SHALL BE EFFECTIVE UNLESS AND UNTIL OFFICIALLY ADOPTED BY THE GOVERNING BODIES OF THE MEMBERS. Page AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON~ TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF SEPTEMBER, A. D. 1976. RESOLUTION WHEREAS, an Application for Federal Assistance dated August 31, 1976 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal partici- pation in the cost of certaln improvements at the Denton Municipal Airport; and WHEREAS, the FAA has issued a Grant Offer which, if duly accepted, provides a commitment of $285,000.00 in federal funds for development speclfmed therein; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas to accept this Grant Offer. NOW, THEREFORE, BE IT RESOLVED that the City of Denton does hereby accept the provisions of said Grant Offer, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the Mayor of the City of Denton is hereby authorized and directed to execute the Grant Offer on be- half of the City of Denton, Texas. PASSED AND APPROVED this the 21st day of September, A. D. 1976. ELINOR HUGHES, CITY OF DENTON, TEXAS ATTEST · I~TyOKS HOLT, CITY SECRETARY' OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS Page I of 7 pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AGREEMENT ~art l-Offer Date of Offer SEP 2 0 1976 De~=o~ ~nic~pa[ A~rport Project No 5-~8-0067-03 ~ntract No D~ FA 76-~ 8006 TO The C/.ty of Denton, Texas (hereto referred to as the "Sponsor") FROM The United States of America (acting through the Feder~ Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has su6bmxtted to the FAA a Project Application dated for a grant of Federal funds for a project for develop- Sept~ember 9, 197 , Airport(herein called men?f the ,, Denton Munic~.pal die A~rport ), together with plans and specifications for such project, which Project Application, as approved by the FAA Is hereby incorporated herein and made a part hereof, and ,,W,~ERE~S, the FAA has approved a project for development of the A~rport (herein called the Project ) consisting of the following-described airport development Acquire land (fee s~mple t~tle or other property interests satisfactory to the Administrator to Parcels 2, 3, 4, 5, C and D as shown on Property Hap Exhibit "A"). all as more particularly described in the property map and plans and specifications incorporated m file smd Prelect Application, PAGE I Page 2 of 7 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U S C 1701), and in conmderanon of (a) the Sponsor's adoption and ratification of the representanons and assurances contained tn said Project Apphcatton, and tls acceptance of tins Offer as hereinaiter provided, and (b) the benefits to accrue to the Umted States and the public from the accomplishment of the Prolect and the operanon and maintenance of the Airport as herein provtded, rilE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, ItEREBY OFFERS AND AGREES to paY, as the Umted States share of the allowable costs mcurred tn accomphshmg the Project, ntneey peecentum of all allowable project costs. This Offer is made on and sublect to the following terms and conditions 1The maximum obhgauon of the United States payable under tins Offer shall be $ 285,, 000. O0 2 The Sponsor shall (a) begin accomplishment of the Project wttinn ninety days after acceptance of tins Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA, (b) carry out and complete the Project wtthout undue delay and tn accordance wtth the terms hereof, the Atrport and Airway Development Act of 1970, and Sections 152 51- 152 63 of the Regulations of the Federal Aviation Admmmtratton (14 CFR 152) tn effect as of the date of acceptance of tins Offer, winch Regulations are hereinafter referred to as the "Regulations", (c) carry out and complete the Project tn accordance with the plans and spsmfications and property map, incorporated hereto, as they may be revised or modified with the approval of the FAA 3 The allowable costs of the project shall not include any costs determined by the FAA to be mehgtble for conmderatton as to allowainhty under Section 152 47 (b) of the Regula- tions 4 Payment of the Umted States share of the allowable project costs will be made pursuant accordance with the provtmons of Sections 152 6S - 152 71 of the Regulations to and tn of the roectwdlbe made at the Fmal determination as to the allowability of the costs p time of the final grant payment pursuant to Section 152 71 of the Regulations Provided, that, in the event a semi-final grant payment m made pursuant to Section 152 71 of tbs atlons, final determination as to the allowability of those costs to winch such sem~- Regul - , ....... a~ ~. ,ho time of such semi-final payment final payment relates win O~ pAGe FAA FORM 5100--13PG 2 (7--72) j SUPERSEDE9 PRE¥1OU$ EDITIOH Pase 3 of 7 pages The Sponsor shall operate and maintain the Airport as provided in the Application for Federal Assistance incorporated herein and specifzcally covenants and agrees~ in accordance with its Assurance 20 in Part V of said Application for Federal Assistance that in its operatzon and the operation of all facilit~es thereof, neither it nor any person or organization occupying space or facilities thereon w~ll discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on the A~rport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. Th~s Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before September 30, 1976, or such subsequent date as may be prescribed in writing by the FAA. 8. It is understood and agreed that the Sponsor will provide for FAA employees adequate parkzng accommodations satisfactory to the Administrator at all FAA technical facilzt~es located on the Airport. It is further understood and agreed that Sponsor will provzde, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and prlvately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 9. The Sponsor w~ll send a copy of all invitations for bids, advertised or negotiated$ for concessions or other businesses at the Airport to the appropriate Office of Minority Business Enterprzse (OMBE) representative as identiflea by the FAA RegZonal Civll Rights Offzce. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority fxrms on the same basis that such information is disclosed and made avazlable to other organizations or firms, Responses by minority fir~s to invitations for bids shall be treated In the seme manner as all other responses to the invitations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appen- dix C(a)(1)(x), Regulatzons of the Office of the Secretary of Transportation. 10. It is understood and agreed that the term "Pro3ect Application" wherever it appears in this Agreement, in Speclftcatlons or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". Page ~ of ? pages 11. The Airport development in this project will be that hereinabove set out and will be carried out as more particularly described on the property map attached to the Application for Federal Assistance attached hereto and made a part hereof. 12. It is further understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards ~n operating the Airport and in accomplzshing any construction hereunder, further, that failure to so comply may result in suspension, cancellatzon or termination of Federal assistance under the Agreement. 13. Deleted 14. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 27~ of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this ~rant Agreement. 15, Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language' "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport ~hall be sub3ect to nondiscriminatory and substantially comparable rate~, fees, rentals, end other charges and nondi~crzminstory conditions as are applicable to all such air carriers which make similar use of such airport and whlch utilize similar facilities, sub3ect to reasonable clas- sifications such as tenants or nontenants~ and combined passenger and cargo flights or all cargo flights, and such classification or status as tensor shall not be uBreasoBably withheld by any sponsor provided am air carrier assumes obligations substantially similar to those already imposed on tenant air carrxers, and each fixed base operator using a general avlation air- port shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Frovisioo (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976 Provision (B) above shall not Nequire the reformation of any lease or other contract eotered into by a sponsor before July 1, 1975." Page S of 7 pages 16, It is understood and agreed that no part of the Federal share of an~airport developmant project for which a grant is made under the Airport and Air.ay Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et seq ), shall he included in the rate base in establishing fees, rates, and charges for users of the airport 17. ~ s project and all work performed thereunder is subject to the Clean Air Act and the Pederal Water Pollution Control Act Accordiegly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is eot listed on the EPA List of Violating Facilities. (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Pederal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any c~mLLunication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA list of Violating Facilities. (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d) 18. It is understood and agreed that, with respect to the lands acquired or to be acquired under this project in fee t~tle for clear zone purposes or for protection of any of the imaginary surfaces defined in Section 77.25, Subpart C, Part 77 of the Federal Aviation Regulations~ it will clear or have cleared such lands of existing structures desi§nated by the Administrator for removal and will not permit any permanent structures thereon other than such structures as are necessary for aids to a~r navigation and those speclf~cally excepted by the Administrator. 19. It is understood and agreed that the United States will not make nor he obligated to make any payment for land acquired under this Grant Agreement unless and until the Sponsor has furnished evi- dence satisfactory to the Administrator that it is the owner of property interests satisfactory to the Administrator in and to the land acquired. Page 6 of ? pages 20. ~t is mutually understood and agreed that the United States will mot make final payment of the allowable costs of this project umtil the Sponsor has submitted satisfactory evidence that th~ airport imaginary surfaces as defined in Section 77.25, Subpar C, p&rt 77 of the Federal Aviation Regulations (14 CFR Part 77, as ~mended) have been protected by the adoptzon of a zoning ordinance and regulations or by securing avigatzon easements or otherwise prohibiting the creatlon~ establishment, erection or constructzon in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this partzcular azrport. It is further understood and agreed that ~f the imagznary surfaces shall have been protected by the acquisztion of avigation easements or other interests in lands the assmuption of this oblmgatlon shall not operate to bar inclusion of such acqu~sitzon in a subsequent project. Page 7 of 7 pages The Sponsor's acceptance of this Offer and ratification and adopnon of the Project Apphcation incorporated herein shall be evidenced by executmn of th~s ~nstrument by the Sponsor, as herein after provided, and smd Offer and Acceptance shall comprise a Grant Agreement, as provided by the Parport and Airway Development Act of 1970, constituting the obhganons and rights of the United States and the Sponsor w~th respect to the accomplishment of the Project and the onerauon and maintenance of the A~rport Such Grant A~eement shall become effecnve upon the Sponsor s acceptance of t~s Offer and shall remain in full force and effect throu~out the useful hfe of the facfimes developed under the Project but m any event not to exceed twenty years from the date of smd acceptance ~ITED STATES OF AMERICA FEDE~L AVIATION ADMiNIST~TION ~c~ng Chie~ (TITLE) Fort Worth Airports District ~ffice Part Il-Acceptance ~e C~ OF ~ON~ ~S does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Apphcat~on and incorporated materials referred to m the foregoing Offer and does hereby accept sad Offer and by such acceptance agees to all of the terms and condmons thereof Executed th,s % ~ ~d day of ~ ¢ ~4 e~ ¢ ~ , 19 CITX 0~ D~TON, ~S ~ame of Sponsor) By Attest~~ CERTIFICATE OF SPONSOR'S ATTO~EY (here~n referred to as the "Sponsor ) do hereby cemfy That I have examined the foregoing Grant Agreement and the proceedings taken by smd Sponsor relating thereto, and find that the Acceptance thereof by smd Sponsor has been duly auth onzed and that the execuuon thereof ~s m all respects due and proper and m accordance wnh the laws of the State of , and further that, ~n my opinion, smd Grant Agreement conmtutes a legal and binding obhgatmn of the Sponsor ~n accordance wnh the terms thereof Dated at ~ 0+ ~¢~T~g~hts ~$~day o~eVqemhe~ , FEDERAL ASSISTANCE ~ APPu ^PPUC~ TX 60603000 ~ ~L ApPLICANT~RECIPIENT 75-60005~ 4~ ~,t,:,.t.,M City of Denton s~o ~ 215 E. McKinney ~,o · m~ Denton , ~ Denton ~, Texas , zm~ 76201 r~ Airport Development ~.~, ,.~. (~.~ William K. Cole ~p) Aid Program 7 TITLE ~O DESCRIPTION' b~ ~FLi~ ~dY~l- ' ' 8 ~PE F APPLICANT/RECIPIENT Land acquisition for clear zones. Denton Munlc~pal B-Inte~te i-Hl~herEdu~atlonatln~t,tuti~ A1 rport 0verlay and strengthen the exlsttng N/S runway wtth hot mx overlay City of Denton. a~t.. ~ ) B;R OF Denton County ~.~ OF CHANGE (rot ~ ~ ~Jd) O0 FAA FTW Wortm · ppUCAHT ~ ~ '"' "~"8 ~Y ~ (previously submitted} CERTIFIES and ~e e~lLrmnt wmim ~ply (1) THAT p w~th the e~aQh~ I~rmn~ tf the mil~ ~ James W. White Fede~a~ Awa~on Admn~st~a[~on ORGANI~TtONA~ UNiT ' 2X ADMINISTRATIVE OFFICE ~ FEDERAL APPLICATION Fort Worth A~rports Dlstrqct 0ff~ce ASW-660 5-48-0067-03 P 0 Box 1689, Fort Worth, Texas 76101 5-48-0067-03 .._ ~ d D[~RR[D ·mH[n ~ O0 ~r'pART~£NT OF TRANSPORTATION - ~L. AVtATtON ADMINISTRATION o~ r~o 8~ ~ot~ PART II PROJECT APPROVAl- INFORMATION SECTION A Item 1 Does ih~s assistance request require State, local, Nome of Governing Body PrmrHy Rating regmnol, or other prmnty rating9 ~Yes X~ No Item 2 Does this assistance request reqmre State, or local Name of Agency or advisory, educatmnal or health clearances'~ Board ~Yes X~No (Attach Documentahon) Item 3 Does this assistance request requtre clearinghouse review (Attach Comments) in accordance w~th OMB Circular A-95'~ X~Yes~No Prevlousl~v subrnlt,'cecl Item 4 Does't'hls asssstance request require State, local, Nome of Approwng Agency regmno1 or other plannmg approvol'~ Date .__~__._Yes_ ~( .. No Item $ Check one State Is thO''proposed prelect covered by an approved Local comprehensive plan~ - Reglona~ .__.X___Yes ..No Location of plan ~Ot't.h Cenl~Y'al Texas ^1t-pm't: _ Item 6 ~hll il~e assistance requested serve a Federal Name of Federal Instaliat~on ~nstallatmnO ._._____.Yes_ X No Federal Populahon benefiting from Prelect Item 7 W~I[ the assistance requested be on Federal land Nome of Federal Installahon L. ocahon of Federal land. or mstallahon'~ ~.__~_Yes_ X ..No Percent of Prelect item 8 ~/dl t~'e assistance requested have an ~mpact or effect See mstruchon for add~honal mformahon to be on the enwronment~ . Yes ~( No prowded Number of Item 9 Ind~wdual s Will the assistance requested cause the displacement of Families md~wduals fomd~es, businesses, or farms9 Businesses Yes ~No Farms Item 10 Is the'~ other related Federal assistance on this See ~nstruchons for eddlhonaJ information to be prelect prewous, pending, or anhctpated~ prowded .__...___Yes -~.---X No ~=AA Form 5100 100 (e 7:~) SUPE~RSEDI~S FAA FORM 5100 10 PAGES I THRU 7 Page 2 Dt[PARTMr:NT OF TRANSPORTATION · F . AViATiON ADMiNrSTRATrON OMB NO ~0 ~o~a,~ PART II - SECTION B Ii SITES ANO IMPROVEMENTS Not reqmred, . Attached as exhibits Apphcant Intends to~acqmre the s~te through Eminent domain, . Negobated purchase, Other means(spec~fY)see Part !!, Sec C 12 TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN ~ Apphcant, Agency or msbtuhon operating the facility Other (specify) ]3 INOICATE WHETHER APPLICANT/OPERATOR HAS Fee s~mple bile, Leasehold interest, . Other(specify) See Part 1!, Sec C 14 IF APPLICANT/OPERATOR HAS LEASEHOLO INTEREST, GIVE THE FOLLOWING iNFORMATiON NA a Length of lease or other estate interest ., and number of years to run b Is lease renewable'~ Yes No c Current appraised value of land S d Annual rental rate S 15 ATTACH AN OPINION FROM ACCEPTABLE TITLE COUNSEL DESCRIBING THE INTEREST APPLICANT/OPERATOR HAS IN THE SITE AND CERTIFYING THAT THE ESTATE OR INTEREST tS LEGAL AND VALID NA 16 WHERE APPLICABLE, ATTACH SITE SURVEY, SOiL INVESTIGATION REPORTS AND COPIES OF LAND APPRAISALS 17 WHERE APPLICABLE, ATTACH CERTIFICATION FROM ARCHITECT ON THE FEASIBILITY OF iMPROVING EXISTING SITE TOPOGRAPHY NA 18 ATTACHPLOTP[[.AN S~e Fxh'~h'lt. "A' 19 CONSTRUCTION SCHEDULE ESTIMATES X . Not requued, -- Being prepared, Attached as exhibits Pemental[e of completmn of drawings and specthcatlons at apphcahoe date Schemahcs % Prehmmary % Final % 20 TARGET DATES FOR B~d AdverUsement Sprl ng ]_977 Contract Award Sprlnq 1977 Constructmn Complebon Sprl ng 1977 Occupancy Spring 1977 21 DESCRIPTION OF FACILITY Not reqmred Attached as exhibits Drawings - Attach any drawml[s which w~ll assist m describing the project Prevl ousl y subm tted Specifications - Attach copras of completed outhne specdlcatmns (if drawings and speclhcatmns have not been tully completed, please attach copJes or working drawJnf[s that have been compJeted / Form 5100 100 (e-?si SUPERSEDES FAA fORM S1OO 10 PAGES I THRU ? Pgge 3 DEPARTMENT OF TR~AHSPORTATION ' FEDERAL AVIATION AD~41NISTRATtON OMB NO 04 R0209 PART lI SECTION C The Sponsor hereby represents and certifies as follows I Compshble Land Use -The Sponsor has taken the following actions to assure compatible u~age of land adjacent to or in the vicinity of the airport Will adopt and enforce a height/hazard zoning ordinance Zoned all airport property "L~ght Industrial" 2 Defaults -The Sponsor is not m default on any obligation to the United States or any agency of the United States Govern ment relative to the development, operation, or maintenance of any airport, except as stated hcrewRh None 3 Possible Disabilities -There are no facts or c~rcumstanees (mc ud ng the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending t gatmn or other legal proceedings) which m reasonable probab I tym ght make t miposslble for the Sponsor to carrv out and complete the ProJect or carry out the pro~ns~ons of Part V of this Apphcat~on, either by hm~tmg its legal or financial abi ity or otherwise, except as follows None 4 Land -(a) The Sponsor holds the fo owing property interest in the following areas of lands which are to be developed or used as part of or in connection w~th the A~rport, subject to the following exception% encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as I xlnb~t "A" Parcel 1- fee s~mple t~tle, approved under ADAP 'O1 project. of every kind and nature, including hen~, easements, lease~, erelne s p j .~ area numbers shown on the property map Pa9e 3a FAA Form 5100-100 ¢4 76) OMBNO 04 R0209 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADHINISTRATION PART II - SECTION C (Continued) Thc Sponsor further certifies that the above Is based on a title examination by a quahfied attorney or title company and that such attorney or t~tlo company has determined that the Sponsor bolds the above property interests (bi The Sponsor will acquire within a reasonable time, but m any event prior to the start of any construction work under the [lr~ject the following property interest m the following areas of land* on which, s,uch,,c,o,,nstructlon work Is to be performed, all of which areas are ldenufiedon the aforementioned property map des 6mated as ~,xmmt NA (cl The Soonsor will acquire w~th~n a r~mn~le time, and ~f feasible orior to the com~ehon of all const~ctlon work under the ~r~ect, t~ ~llowmg property interest in the ~llowlng areas of [an~* which are to ~e develop~d~r us~ a~ part of or ;~ connection with the Airpo~ as it will be upon completion of the Pr~ect, all of whmh areas are ~dentmeu on the a~orement~onea property map demgnated as Exhibit "A" Parcel 2 - fee s~mple, av~gat~on easements and l~ght lane easements Parcel 3 - fee s~mple, awgat~on easemente a~d l~Bht la~e ea~eme~t~ Parcel,C - middle marker s~te - fee s~mple or easement , (location to be determined) Parcel D - outer marker s~te - fee s~mple or easement (location to be determined) Parcel 4 - fee simple Parcel 5 - av~gat~on easement 5 Exclusive Rights -There is no grant of an exclusive right for the conduct of any aeronautical actlwty at any airport owned or controlled hy the Sponsor except as follows None ~S~tate character of property interest Ill each arch anti lt;t arid identify for each all exceptions, cncambrances, anti adverse interests of every kind and nature, tncladmg lu n% ea,ement~, leases, ere I he sepa~te areas oJ land need only be ,denttf~ed here by the area .umber; ~hown on the property map FAA Form 5100-100 {4 TS) P~ge 3b DEPARTMENT OF TRANSPORTATION o FEPCRAI- AVIATION ADMINISTRATION PART :,~ - BUDGET INFORMATION - £ON$'l,,, I'ION SECTION A - GENERAL 70.!07 FecleroJ Domestic AssistDnce CGtGIog No .... 9. Funct,onal or OtHer Breakout SECTION B - CALCULATION OF FEDERAL GRANT Total ! Admlmstrahon expense $ $ - 0 - 2 Prehm~nary expense 2~500 OO 247,500 O0 3 Land, structures, rq[ht-of-way 4 Architectural engmeermg basic fees 5 Other architectural engineering fees 6 Project inspection fees O- 7 Land development O- 8 Relocahon Expenses 9 Relocation payments to Individuals an{3 Businesses ]0 Demohhon and removal 11 Construction and project tmprovement 12 Eqmpment 13 M~scellaneous 14 Total (Lines 1 through 15 Eshmated Income(~f apphcabie) 16 Net Project Amount (Line 14 minus 15/ 50.00 17 Less Inehg~ble Exclusions 18 Add Conhngenc~es 19 Total Pro~ect Amt (Excluding Rehabd~tabon Grants) 20 Federal Share requested of Line 19 0,935 O0 21 Add Rehabd~tabon Grants Requested (100 Percent) 22 Total Federal I[lant requested (Lines 20 & 21) 15,608, OO 23 Grantee share 24 Other shares (TAC Grant) 00 25 Total prolect (Lines 22. 23 & 24) $ 12, ] 50 O0 DEPARTt~ENT OF TRANSPORTATION - F AVIATION ADMINISTRATION SECTION C - E×CLUSIONS Inellg*bla for Excluded from ~ $ S b d f SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share a Secur~bes b Mort;ages c Appropnahons(By Apphcant) 35,608 O0 d Bonds e Tax Lewes f Non Cash g Other (Explam) h TOTAL - Grar~tee share 28 Other Shares a State 35,608 O0 b Other c Total Other Shares 29 TOTAL $ 71,216 00 SECTION E - REMARKS For program narrative, see negative declaration PART IV PROGRAM NARRATIVE (AttacJ~ - See Jnstruchons) :AA. Form 5100 ~00 (6 73) SUPERSEDES FAA FORM 5100-10 PAGES DEPARTMEI~T OF TR~SPORTATION RAt. AVIATION ADMINiSTRATiON PART V ASSURANCES The apphcant hereby assures and certifies that he w~ll comply w~th the regular:one pohctes gu~dehnes and requ:rements, includ:ng Ofhce of Management and Budget C~rculars Nos A 87, A 95, and A 102, as they relate to the apphcat~on, acceptance and use of Federal funds for th~s federally assisted project Also, the apphcant g:ves assurance and cert~fms w~th respect to the grant that 1 it possesses legal f~uthor:t¥ to apply for the grant, and to conducting inspections to insure compliance w~th these finance and construct the proposed fac~ht~es that a resolu specifications by the contractor lion, motion or s:m~lar action has been duly adopted or 9 it w:l[ cause work on the pro]ect to be commenced w~th passed as an official act of the apphcant's governing body tn a reasonable t~me after race;pt of not~fmat~on from the authorizing the flhng of the apphcat~on includ~ng all under approwng Federal agency that funds have been approved standings and assurances contained thereto, and directing and that the prolect wdl be prosecuted to completion with and authorizing the person ~dent~fmd as the official repre reasonable d~hgence scntatlve of the apphcant to act in connection with the 10 It will not dispose of or encumber its title or other apphcat~on and to provide such additional information as interests ~n the s~te and fac~ht~es during the period of Fed may be required eral interest or while the Government holds bonds, which 2 It w~ll comply with the provisions of Executive Order ever is the longer 11296, relating to evaluation of flood hazards, and Execu 11 tt will comply w~th Title VI of the Civil Rights Act of t~ve Order 11288, relating to the prevention, control, and 1964 (P L 88 352) and ~n accordance w~th Title VI of that abatement of water pollution Act, no person m the United States shall, on the ground of 3 It will have sufficient funds available to meet the non race color, or national origin be excluded from part~clpa Federal share of the cost for construction prolects Suff~ t~on in be den~ed the benehts of or be otherwise subjected clent funds will be available when construction IS corn to discrimination under any program or activity for which plated to assure effective operation and maintenance of the the apphcant receives Federal financial assistance and facility for the purposes constructed immediately take any measures necessary to effectuate this 4 It will obtain approval by the appropriate Federal agreement If any real property or structure thereon ~s pro agency of the final working drawings and specifications be wded or ~mproved w~th the a~d of Federal financial asses fore the project is advertised or placed on the market for lance extended to the Applicant th~s assurance shall obh bidding, that it will construct the prolect, or cause it to be gate the Apphcant or m the case of any transfer of such constructed, to final completion m accordance with the property any transferee, for the per~od during which the apphcat~on and approved plans and specifications, that it real property or structure is used for a purpose for which will submit to the appropriate Federal agency for prior ap the Federal financial assistance ~s extended or for another proval changes that alter the costs of the project, use of purpose revolving the provision of stmdar serwces or bane space, or functional layout, that it wdl not enter into a fits construction contract(s) for the project or undertake other 12 It wdl estabhsh safeguards to prohibit employees from activities until the conditions of the construction grant pro using their positions for a purpose that is or g~ves the ap gram(s) have been met pearsnce of being motivated by a desire for private gain for 5 It will prowde and maintain competent and adequate themselves or others, particularly those with whom thev architectural engineering supervision and inspection at the have family business or other t~es construction s~te to insure that the completed work con 13 It wdl comply w~th the requirements of T~tle II and forms with the approved plans and specifications, that it Title Ill of the Umform Relocation Assistance and Real w~ll furmsh progress reports and such other reformation as Property Acquisitions Act of 1970 (P L 91 646) which the Federal grantor agency may require provides for fair and equitable treatment of persons d~s 6 It wdl operate and maintain the fac~hty in accordance placed as a result of Federal and federally assisted pro with the minimum standards as may be required or pre grams scribed by the apphcable Federal State and local agencies 14 It w~ll comply w~th all requirements ~mposed by the for the maintenance and operation of such facdltles Federal grantor agencv concerning special requirements of 7 tt will g~ve the grantor agency and the Comptroller Gan law, program requirements and other administrative re eral through any authorized representative access to and the qmrements approved in accordance with Off~ce of Manage right to examine all records, books, papers, or documents ment and Budget Circular No A 102 related to the grant 15 It w~ll comply w~th the prows~ons of the Hatch Act 8 It w~li reqmre the fac~hty to be designed to comply w~th which hmlt the poht~cal act~wty of employees the ' American Standard Specifications for Making Bu~id 16 It will comply w~th the minimum wage and maximum ings and Fac~ht~es Accessible to, and Usable by the Phys~ hours prowslons of the Federal Fair Labor Standards Act cally Handlcapped," Number Al17 1 1961, as modified (41 as they apply to nospital and educational mst~tut~on em CFR 101 17 703) The apphcant wdl be responsible for ployees of State and local governments DEPARTME~IT OF TRANSPORTATION · ~EDERAL. AVIATION ADMINISTRATION oM~ No o4.~ozoo SPONSOR ASSURANCES 17.These covenants shall become effective upon acceptance terms, and without unjust discrimination In furtherance of by the Sponsor of an offer of Federal aid for the ProJect or the covenant (but without limiting Its general apphcabzl~ty any portion thereof, made by the FAA and shall constitute and effect), the Sponsor specl/ically covenants and agrees a part of the Grant ~tgreement thus formed These covenants a That in 2ts operation and the operation of all faczht~es shall remain in full force and effect throughout the useful on the Airport. neither it nor any person or organization life of the fac:ht~es developed under th~s ProJect, but In any event not to exceed twenty (20) years from the date of said occupying space or facilities thereon will d~scrlmlnate acceptance of an offer of Federal aid for the Project ttow- against any person or class of persons by reason of race, ever, these hrnltatlons on the duration of the covenant~ do color, creed, or national origin in the u.e of ary of the not apply to the covenant against exclusive rights Any faclhtles provided for the public on the Afrport breach of these covenants on the part of the Sponsor may b That in any agreement, contract, lease, or other ar- result in the suspension or termtnatlon of, or refusal to rangement under which a r~ght or prlv:lege at the Atrport grant Federal assistance under, FAA administered programs, is granted~ to any person, film or corporation to conduct or such other action[ whzch may be necessary to enforce the or engage m any aeronautical activity for furmshmg r~ghts of the United States under this agreement services to the public at the Atrport, the Sponsor will in- sert and enforce provisions requiring the contractor (1) to furmsh said servtce on a fair, equal, and not unjustly discriminatory basis to all users thereof, ].~. The Sponsor will operate the Airport as such for the use and and benefit of the public In furtherance of this covenant (but w~thout hm~tmg Its general appltcabdlty and effect), (2) to charge fair, reasonable, and not unjustly dis- the Sponsor specifically agrees that It w~iI keep the Airport crlmmatory prices for each unit or serv:ce Pro- vlded, That the contractor may be allowed to make open to all types, kinds, and classes of aeronautical use on fair and reasonable terms w:thout dlscr:mlnatlon Between reasonable and nondlscr~mmatory dtscounts, re- bates, or other similar types of pr:ce reductions to such types, kinds, and classes Provided, That the Sponsor may establish such fair, equal, and not unjustly dlecrlmma- volume purchasers tory cond~ttons to be met by all users of the Airport as may c That it will not exerc~ce or grant any rtght or prlv- be necessary for the safe and efficient operation of the Air- liege which would operate to prevent any person firm or narC, And Provided Further, That the Sponsor may pro- corporation operatmg aircraft on the Airport from per- hlbit or limit any given type, kind, or class of aeronautical forming any services on Its own aircraft w~th Its own use of the Airport if such action Is necessary for the safe employees (including, but not limited to maintenance and operatmn of the Airport or necessary to serve the civil awa- repair) that it may choose to perform tion needs of the public d In the event the Sponsor itself exerctses any of the rights and prlvtleges referred to m subsection b the aery- ices involved will be prov:ded on the same cond:t~ons as ]~o The Sponsor-- would apply to the furmshmg of such services by con- tractors or concessionaires of the Sponsor under the pro- a Will not grant or permtt any exclusive rtght for- vzszons of such subsection b bidden by Sectton 308(a) of the Federal Aviation Act of 1958 (49 U S C 1349(a)) at the Airport, or at any other 2'[o Nothing contained hereto ~hall be construed to pro- airport now owned or controlled by It, hlblt the granting or exercise of an exclusive right for the b Agrees that, in furtherance of the policy of the FAA furmshlng of nonav~at~on products and ~upphes or any serv- under this coven~Jnt, unless authorized by the Admlmstra- ice of a nonaeronautlcal nature or to obligate the Sponsor to tar, it wall not, either directly or indirectly, grant or per- furnish any particular nonaeronauttcal service at the A~rport mit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or con- 2~. The Sponsor w~ll operate and malntatn m a safe and trolled by it, to conduct any aeronautical activities In- ~ervlceable condition the Airport and all fac~ht~es thereon eluding, but not hrmted to charter fl~hts, pilot training, and connected therewith whtch are necessarv to serve the aircraft rental and slghtseem~ aerml photography, crop aeronautical users of the Airport other than fac~htles owned dusting, aerial advertmmg and surveying, air carrier op- or controlled by the Umted States and will not permit any erat~ons, a~rcraft aa]es and servtces, sale of awatlon petro- act:vlty thereon which would ~nterfere with tts use for alr- leum products whether or not conducted tn conjunction port purposes Prowded, ~[hat nothing contained heretn with other aeronautical actlwty, repair and maintenance shall be con~trued to reqmre that the A~rpo~t be operated of aircraft, sale of a~rcraft parts and any other actxv~tzes for aeronaut:ca] uqes during temporary per,ada when snow. which because of{their d~rect relattonshlp to the operation fiood, or other chmat~c condlttons ~nterfere with ~uch opera- of aircraft can be regarded as an aeronautical activity t{on and maintenance And Provtded Further That nothing herem shall be construed as requlrtng the mamtenance, re c Agrees that it wall terminate any ex,sting exclusive pa~r, restoratmn or replacement of any structure or facd~ty right to engage in the sule of gasohne or ecl, or both, which is substantially damaged or d~t~oytd due to an act granted before July 17, 1982, at such an airport, at the of God or other condition o~ circumstance beyond the con- earhest renewal, cancellation, or expiration date applicable trol of the Spon~o~ In furtheaance of th~ covenant the to the agreement that established the exclusive right, and Sponsor w~ll have m effect at all times art ~ngements for d Agrees that it wtll terminate any other exclusive a Operating the airport's aeronautical faclht~es when- right to conduct an aeronautical activity now exlstlnl~ at ever required such an a~rport before the grant of any assistance under the Airport and Airway Development Act b Promptly ma~k~ng and hghtmg hazards resulting from a~rport conditions, including tempolary conditions, and 20. The Sponsor ggrees that it wall operate the Axrport for c Promptly not, lying airmen of any condition affecttng the use and benefit of the public, on fair and reasonable aeronautical use of the Airport FAA Farrm 5100-100 (4-?6) Page 7 DE~ARTMEI~IT OF TRANSPORTATIOH - FF. AVSATIOH ADMINISTRATION o~e No ~. Insofar a~ ~t ~ within ~t~ ~ower and reasonable, the (th~ total movement~ of government a~rcraft multzphed by 8pon~or wdl, e~ther by the acqul~lt~on and retentton of ease- gro~s certified weights of such a~rcraft) ~s m excess of ment. or other mtere~t~ m or r~ghts for the u.e of ]and or five mdhon pounds ~t~ hy the FAA, the Spon~or wdl .irspace or by the adopt*on and enforcement of zomng regu- 27. Whenever ~o~e Federal Government for con- growth of any structure tree, or other object m the ap furm~h w~thout preach areas of the runways of the Airport which would str~ct~on operation and maintenance of facd~t~e~ for a~r crlterm or standard~ prescribed m Section 77 2~ aa apphed ~ Section 77 25, Part 77 of the Federal Awat~on Regula- area~ of land or water, or e~tate thereto, or mght~ m build tions In addition, the Sponsor w~ll not erect or permit the mgq of the Spon~or a~ the FAA may consider necessary or e~ctmn of any permanent structure or facility which would deg~rable for construction at Federal expense of ~pace or fa interfere materially w~th the u~e, operatmn, or future de- cd~t~eg for quch purpo~c~ The approximate amountg of area~ and the nature of the p~operty ~nte~e~tq and,or mghts so velopment of the A~rport, m any port, on of a runway ap- preach area ~wh~ch the Sponsor has acquired, or hereaftc~ reqmred wall be set forth ~n the Grant Agreement ~elatmg to the Project Such area~ or any port,on thereof wall be acqmre% property mtereqts perm~ttmg ~t to so control the made avadable as provided here~n w~thm 4 months after use made of the surface of the land receipt of wmtten request from the FAA ~. Insofar as ~t ~s within ars power and reasonable, the 2~. The a~rport operator or owner wall maintain a fee and Sponsor will e~ther by the acqu~s~tmn and retention of rental structure for the fac~ht~e~ and ~erwce~ being prowded ~sements or other interests m or rights for the use of land the a~rport uqerq which wall make the A~rport a~ self-~ustam- or a~rspace or by the adoption and enforcement of ~onmg ~ng as po~ble under the c~rtumatancea exastmg at the A~r- regulations take achon to restrict the u~e of land adjacent port taking ~nto account guch factor~ a~ the volume of t~affic ~ or ~n the ~mmed~ate v~cm~ty of the A~rport to actlwtms and economy of collection and purpoqes compatible w~th normal airport operat~onq m- eluding landing and takeoff of a~rcraft 2~. The Sponsor w~ll furm~h the }AA w~th ~uch annual or specml airport financial and operatmnal report~ ~ may 2~. The Sponsor will keep up to date at all t~me~ an a~rport be reasonably requested Such reports may be submitted on layout plan of the A~rport showing (1) the boundames of tke forms furmshed by the FAA, or may be submitted m ~uch Airport and all proposed adder ohs thereto, together w~th manner as the Spon~or elects so long aa the essentml dat.t the boundames of all offs~te areas owned or controlled by the are furm~hed The A~rport and all a~rport records and docu Sponsor for a~rport purposes, and proposed add~tmns thereto ment~ affecting the A~rport ~ncludmg deeds, ea~es, operation (2) the location and nature of all ex~stmg and proposed and u~e agreement~, regulations, and other m~truments, airport facd~tte~ and structureq (such a~ runways, tax~way~ be made avadable for inspection and audit by the qecret try aprons, terminal buddings, hangars and roadg), including all and the Comptroller General of the Un,ted States or their proposed extena OhS and reductmns of ex~stmg a~rport fa duly authomzed repregentat~ves, upon reasonable request cd~t~es, and (3) the location of all ex~stmg and proposed The Spon~or wall furm~h to the FAA or to the General Ac- document Such a rport layout plan and each amendment rewslon, or modification thereof, shall be subjett to ~he approval of the FAA, which approval shall be evidenced by the ~agnature of 3©. All project account~ and recordq wall be kept ~n ac a duly authomzed represen~t~ve of the FAA on the face of cordance w~th a ~tandard system of accounting ~f so pre- qcr~bed by the Secretary the a~rport ayout plan The Sponsor wall not make or permit the makmg of any changes or alterat~ona ~n the A~rport or any of ~ts faclht~eq other than m conformity w~th the a~rport ~. If at any t~me ~t ~ determined by the FAA that there ~s any outstanding r~ght or claim of r~ght ~n or to the A~rport layout plan aq ~o approved by the ~AA, ~f ~uch changes or re erty, other than tho~e ~et forth ~n Part II, paragraphg alterations m~ght adversely affect the safety, ut~hty, or ~i~q /,~b~ and ~c), the existence of which c?at? an.un efficiency of the A~rport ~'",~ ~'mtorference w~th the operatmn of tne ~rport or 26. All facd t~es of the A~rport developed w~th Federal a~d the performance of the covenants of th~s Part, the qponsor and all those usable for the tandmg and taking off of a r- wdl acqmre extinguish, or modify auch r~ght or claim of r~ght m a manner acceptable to the FAA craft- wall be avadable to the Umted State~ at all t~mes, w~th- out c~arge, for use by government a~rcraft m common w~th 3~. The Spon~or wdl not enter rote any transactmn whtch other a~rcraft, except that ~f the use by government a~rcraft is substantial, a reaqonable share, proportional to such u~e, would operate to depr~ve ~t of any et the r~ght~ and power~ of the cogt of operating and mam~mmg facd~t~es ao used, necessary to perform any or all of the covenant* made here~n unless by such transaction the obhgat~on to perform may be charged Unless otherwise determined by the FAA, or otherwise agreed to by the Sponsor and the using agency, all ~uch covenants ~s a~aumed by another pubhc agency found substantial use of an airport by government a~,craft will be by the FAA to be ehg~ble under the Act and Regulations to excess of tho~e which, m the op~mon of the FAA, would and financial rtsources to carry out all such obhgat~ons If unduly mterfere w~th use of the landing area by other or an employee of the Sponsor, the Spon~or wdl re~erve authorized a~rcraft, or during any calendar month that the A~rport by any agency or per.on other than the qponqor sufficient r~ght~ and authomty to ~n~ure that the A~rport a Fare (5) or more government a~rcvaft ave regularly based at the airport or on land adjacent thereto, or be operated and maintained m accordance w~th the Act, the Regulations, and these covenants b The ~l number of movement~ (counting each land- ~. Unleaa the con~xt otherwise requ~re~, all terms uged lng as a movement and each ~keoff a~ a movement) of ~ the~e covenants which a~e defined ~n the Act and tho latlve weight of government a~rcraft using the A~rport Regulations shall have the meanings a~mgned to them thereto Page 8 FAA Form 5100-100 14-?e~ (ASWRO 8/76) Project No.: 5-48-0067-03 Airport : Denton Municipal Ix)cation . Denton, Texas .... RgLOCATION AND LAND ACQUISITION ASSURANCES IMPLEMENTING THE UNIFORM RELOCATION ASSISTANCE ~ LAIqD ACQUISITION POLICIES ACT OF 1970 I(A) Pursuant to Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisttlons Policy Act of 1970 (PL 91-646), Part 25, Regulations of the Secretary of Transportatzon, "Relocation Assistance and Land acquisition under Federal and Federally Assisted ProgramS" (49 CFR Part 25, 36 Fed. Reg. 9178), the Regulations, and other applicable provisions of law--the terms used in this paragraph to have the meanings assigned to them under such Act and regulations 1. Sponsor will provide fair and reasonable relocation pay- ments to displaced persons as required by Subparts E, P, and G of said Part 25; 2. Sponsor will provide relocation assistance programs for displaced persons offering the services described in Subpart D of sazd ~art 25; 3. Sponsor will adequately inform the publxc of the relocation payments and services whlch will be available under Subparts D, E, F, and G of said Part 25, 4, Comparable replacement dwellings will be available, or provided if necessary, wzthtn a reasonable permod of tzme before any person is displaced, 5. Sponsor will fully comply with Subpart I of said Part 25; 6. Sponsor will adequately inform the public of the acquisi- tion policies, requirements, and payments which will apply to the pro3ect with respect to any acquisztton of real property to whmch said Part 25 and this agreement apply, 7. When approval of the FAA is required before Sponsor may proceed with any phase of the Pro3ect and that phase will cause the displacement of any person Sponsor wtll prior to proceeding with that phase provide the FAA with wrxtten assurances satisfactory to the FAA that (a) Based on a current survey and analysis of avaxlable replacemeot housing and in consideration of competlng demands for that housing~ comparable replacement dwellxngs wzll be available wzth~n a reasonable period of time prior to displacement, equal ~n number to the displaced persons who require them, and 2 (b) The Sponsorts relocation program is realistic and iS adequate to provide orderly, timely, and effmcient relocatmon of displaced individuals and families to decent, safe, and sanmtary hous- ing available to persons without regard to race, color, relzgmon, or Rational origin with minimumhardshmp to those affected. (B) With respect to every person who was dmsplaced or from real p~operty was acquired after 1 January 1971 and who would have been entitled to any payments or relocation asststance pursuant to the assurances in this agreement had this agreement been in effect at the time of such displacement or acquisLtion, Sponsor represents and under- takes as the case may be (1) that such person has received or will receive all the payments and has timely been or wmll be timely afforded all the assistance and advantages that would have accrued to h~m under the provisions of th~s paragraph had he been displaced or the real property acquired or his entitlements as such tenant accrued subsequent to the date of this agreement; and (2) that Sponsor has timely performed or will timely perform all acts that would have been or would stxll be requi~ed of the sponsor had the assurances of this paragraph been appli- cable at the times identified 1n this paragraph (C) Until and including i July 1972, the provisions of th~s paragraph, other than subparagraph i(A)(4), shall be applicable only to the extent that Sponsor ms able to comply with them under applicable State law, after 1 July 1972, such provmslons shall be applicable their entirety regardless of the extent to whmch Sponsor ms able to complyI with them under applicable State law. Subparagraph I(A)(4~ shall be applicable to all tzmes under this agreement. (D) The obligation of the United States under this agreement to share in the allowable costs incurred by Sponsor under th~s paragraph shall be subject to all the pertinent and applmcable provmsmons, limi- tations, and conditions contained in the laws and regulatmons referred to in this paragraph. ¢~tv of Denton (Sponsor) T~ City Mana~er SPONSOR ASSURANCE TO ACCOMPANY PROJECT APPLICATION DATED ~eptember 9. 1976 FOR A GRANT OF FUNDS FOR THE DEVELOPMENT OR IMPROVEMENT OF THE Denton ~,,nfc~Dal A~rport The City of Denton {herein- after referred to as the "Sponsor") HEREBY AGREES THAT as a cu,dition to receiving any Federal financial assistance from the Department of Trans- portation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U S.C. 2000d, 42 U S.C 2000d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Depart=nent of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") and other pertinent directives, to the end that in ac- cordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the bene- fits of, or be otherwise subjected to discrimination under any program or activity for which the sponsor receives Federal financ~al assistance from the Department of Transportation including the Federal Aviation Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance zs required by subsection 21.7(a)(1) of the Regulations, a copy of which is attached. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect to ADAP Project No. 5-48-0067-09 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by or pursuant to the Regulations. 2. That the sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with ADAP Project No. ~4~-0067-03 and, in adapted form tn all proposals for negotiated agreements The Cltv of Denton in accordance with Title VI of the Civil Rlghts Act uf 1964, 78 Stat. 252, 42 U S C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, Page 1 Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in considera- tion for an award. 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in every contract s~bJect to the Act and the Regulations. &. That where the sponsor receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 5. That where the sponsor receives Federal financial assistance in the form~ or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 6. That the sponsor shall include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the sponsor with other parties (a) for the subsequent transfer of real property acquired or improved under the Airport Development Aid Program of the Federal Aviation Administration, and (b) for ~he construction or use of or access to space on, over, or under real property acquired, or improved under the said Airport Development Aid Program. 7. That this assurance obligates the sponsor for the period during whic~ Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or aBy transferee for the longer of the following periods (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose in- volving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 8. The sponsor shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, sub- contractors, transferees, successors in interest, and other participants page 2 ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assi§nees and successors in interest (hereinafter referred tO as the "contractor") agrees as follows' ~. Compliance with Re~ulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and tention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including ~ployment practices when the con- tract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts~ Includin~ Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiationmade by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or natiozml origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Resulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulacions, orders, and instructions. Where any infozlnation required of a contractor is in the exclusive possession of another who fails or refuses to furnish this i~fo~mation the contractor shall so certify to the sponsor or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor~s noncompliance with the nodiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Admin£strationmay determine to be appropriate, including, but not limited to.= a. withholding of payments to ~he contractor under the contract until the contractor complias, and/or b. cancellation, temination, or suspension of the contract, in,f hole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 ~hrough~ ~ in eve~ subcontract, including procur~anCs oi~er~als and leases of equi~en~, unless ex~p~ by the Regulations or directives issued pursuant ~hereCo. ~e con~racCor shall cake such action ~ith respec~ to any subcontrac2 or procurement as the sponsor or ~he Federal Avia~i~Adm~niscration~Y direct as a means o[ eniorct~t such provisions ~nclud~ng sanctions ~or nonc~pliance Pro- vided, however, ~ha~, ~n ~he event a contractor beco~s involved i~, or is threatened ~ich, l~c~ta~ion ~i~h a subcontractor or supplier as a result of such direction, the conCracCor~y request the sponsor to enter in~o such liti~aC~o~ to proCec~ ~he in~eresCs o[ the sponsor and, in ad- di~ion, ~e c~tractor~y reques~ the United States to en2er into such liti~a~ion ~o protect the in~erests of the United S~aCes. ATTACI~EET 1 - ~age 2 ATTACHMENT 2 The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the ~{tv og D~to~ pursuant to the provisions of Assu{ance 6(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the lard") that in the event facilities are constructed, maintained, or otherwise operated on the said preperty described zn this (deed, license, lease, permit, etc.) for a purpose for which a Department of tion program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permit~ee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Fart 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effec- tuation of Title VI of the Civil Rights Act of 1964, aud as said Regula- tions may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of ally of the above nondiscrimination shall have the right to %erminate the (license, lease, permit, etc.) ~nd to re,enter and repossess said land and the facilities thereon, and hold the same as if said (licenses, lease, permit, etc.) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Denton shall have the right to re-enter said lands and facilities thereon, the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of . ~h¢ City of Denton and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreoments entered into by the C~ty of D~nton pursuant to the provisions of Assurance The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and ]?age I assigns, as a pert of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefi£s of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluled from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transpo~tation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Re~ulacions may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Denton shall have %he right to terminate the (license, lease, permit, etc.) end to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, pet, mit, etc.) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Denton shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the City of Denton and its assigns. *Reverter clause and related lan~uase to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. ATTACHI~NT 2 - P~O, ge 2 of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this 9. The sponsor agrees that the United States has a right to seek Judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASsuRANCE is given in consideration of and for the purpose of ob- taining any and all Federal grantS, loans, contracts, property, dis- countS, or other Federal financial assistance extended after the date hereof to the sponsor by the Department of Transportation under the Airpqrt Development Aid Program of~ the Federal Aviation Administration and ~s binding on it, contractors, subcontractors~ transferees, suc- cessors in interest and other participants in the ADAP Project No 5_48.006~.L03 . The perSOn or persons whose signatures appear below ~re author{zed to sign this assurance on behalf of the sponsor. DATED_ September 9~ 1976 City of Denton (Sponsor) TttlJ City Manager Attachments 1 and 2 Part 21, 0ST Regulations page 3 RULES AND REGULATIONS lB,,-.---TRANSPORTATION' ,...,... to ,.,. ,", ~ubtltln ~,.Olflce of the Secretary cf Appendix l~ Activities to which this pltrt from n&rt~eipst4on In, be denied the ~ Tfmnepn~ffmtlon o~ the Fedprml fl~mAotml aMiBtone color, PART R ..NONDISCWMINATION IN Appen torn Federmt tin,hotEl a~lK&nee o~ whiCh this pltrt FEDER~tLY-~$IS~D PROGRAMS PORTAT~ON---EPFECTUATION .O__F iBsuedmuder ~eo ao~ of me et S (1) A recipient under ~z~Y program Lo TITLE ' PI OFTHE CIVIL RIGHTS A~] ~ 1064 (*~ U,O o a~-] ) whtoT~ thio pl~rt Gp~lJes m~,,v not The pu~me o~ ~ P~ is m ~ff~: men~, on ~e ~ro~ of r~e, Color or p~ 21 t )~ ~ of the ~ (D ~ G person a~ service fln~n- )~ of ~tion ~ ~ ~ly~ ~iSh~ Act of 1964 there~f~r ~- CiG1 ~d or other benefit provid~ ~der of ~ ~ ~ ~ ~, ~, or,~tt0~l o~ ~rdent~ ~e ~ of ~r ~ ~ ... ~r from ~Gt provid~ ~ others ~der ~MeMt~~t~7 of~s~9o~On ~IK~ ~ ~ ~lpt of ~ se~he ~t ~ el ~.~- ~ ~ti~ ~- O GI~8 Applieaflo- o~ ~18 ~rt ~ncisl ~d, or o~er benefit ~der ~ mt,b ~ h~ 31 M ~- for whtch Federal ~i~ ~sM~ce ~e enjoyment of any ~dvan~se or C~P~ ~VO ~vo B~ ,~ suthor~ under K l~w a~d p~vflese e~oy~ bY othere ~ceiv~nK ~ ~ i~ ~er ~ sub~ zor fe~r~M ~ls~d p~gr~ .~d ~t~ se~ice financial aid, or other ~neflt ~er~, or o~er ~der~ ~ o~e~ in de~rmining whether he satM- ~ts~n~ ~tend~ ~d~r ~ ~ elisibtltty, mem~rehip, or other ~uire- ~ ~s ~t ~nt~o~, ~r~ton of me~s or oth~ or (~) MO~ p~d, P~P~ t~f~d affo~ Mm an opaCitY ~ do ~ wMch ,f~8o~,BU~ , Of~P&~ ex~twheresueh~i~t~c~ (~) A ~ipient in de.rethinK the e C~e of ~ WM 8ubJ~t ~ ~ re typ~ of ~l~s flna~l~l &id or o~er r ~g · n~ ~ ~ w~ r~ibili~ a ~nefl~, ~ facfli~ which wU1 ~ P~- ~0 (~) A~ ~e ~ ~ ~dual cl~ of pe~n ~ whom, or ~ ~ ~ (4) ~ ~p~ment pr~oe ~r ~d~ ~d~ any ~ch p~ or the ~ , U 2,0 9~O~l), "~'~ - ~ ex~nt d~bed bt ~m, m~ not, di~ot~ or t~n ~ - 19q0 Joia V~, o~e ~p~ble, ~t s~ p~ r~, ~lor, ~ n~U~l o~gin, or h~ve 8e~etG~ o~ ~G~ ~ ~t ~ve~ O~r p~ the eff~t of defe&~ng or subs~ntl~lly ~t q ~ ~ , ~ ~ ~ ~e fo~, or for (3) ~ de~in~G,~e st~ or RULES ANt) acourate compliance rel~ts at suoh ~o~the~iplent~d~em~t~r~l (~) ~ereh~been~nexpre~flndin~ ~m~, and l~ ~oh fo~ Grid oont~ln~ bo r~olved bY ~o~ mo~ ~n~[~ on ~e ~ord ~r op~rtunity ~or he~r- prim~ ~lpien~ ex~n~ ~[~ r~nt~'M~lon p~r~u~nt ~ subp~rs~r~Ph (4) ~e exgir~tion of 30 days ~fter enable the ~im~ recipient ~ c~r~ ou~ p~tblte~ N~ e~lpient or other ~r- wilton report of the circums~n~s th s p~rt ~where a~ t~fo~ation re- ~r~, The identi~ of ~mpls~n~ sh~l partic~sr prclram or p~rt thereof certify in t~ ~rt ~d sh~ll set forth ~vall~ble ~ p~rticlpants, beneflci~rl~, this p~rt~ ~d l~ ~pplieablllW ~ ~e ~ ~ s p~rt m~Y be effec~d by the sus- effect compliance, ret~r~ ~writto~Pl~tnt A ~mpl~int m~ be relied In accordance with the ~ser~d M the b~ for th~ ~ction and ~ whe~ever sr~pB [o~evtr subject to ~ 21 21, ~e the applicant or ~ecipient that the lent f~led ~ ~mply wl~ th~9~ tire untll~ of ~ ln~ · f~ure ~ ~m- p~y ~d hM de~r~ned ~h~t co.fiance w~r of ~e flsht ~ ~ he~r~ns ~der RULII AND REGULAI'JONS o! consistent with and will t [[eetuato the avmilable ,~ purpse~ o~ t~ Act and ~ part, Melnd- Cb) ins proviston~ dWar~l,to ~ ~ure Mt no leede~l fl~-'?-~!a! zea~tan( s will tMre- l~e ab~ , l! ~o after be extended under si ii~ anti by 8uoh deoiston to be in le~ault in'Its &pplic~nt or per/ormance of an a~ure, n *e wlven by it merit he pursuant to ti~ or t, ,,he, ye other- selseted I1 be mai]od wise railed to this part the u~eM and u~itll it a hearing trdtinl plinnce and satisfies the 8 , that oordanee with ~s~ titiel~5, examiner , it will fully comply with ~trt ~ Code lnitlul leered by an ~'l~s under this elsl a~istance i~ it minlstrativ sortable a~ura~ce t~at will fully ~' eon* qinrement, s have been satisfied, he shall a [hb~rf~eitam~rier or tthe 89cret~rP this zeotlon shall remain ln~ effect ell~tll set f~l~t~l hl~ luilP~[~911 each find- tile m ~l evillertoe, ~sePt to ~he~e/tent the a~Id~ shall ~{deltt~y ~he rgquil ement or Action taken pursuant to section 60~ sBbstance tllereo., istefiptfletedt~fo~ithe reqhlr~llSfiinI~meMed by qr Pulsimrtt in ~f the Act is subject in Ju~.leiltl review ment8 or s authorize the stlapedSlon of terminlltl~ll cant for or ~olpient of att~h assistanse I RULES* AND REGULATIONS ~ ~ ~ l~r~ m&y b~ uo~der~t~on or d~d for ~e I~) ~e ~nt O~ don~on o~ Fede~ RULES AND REGULATIONS ctdental ~erv ce (Juch a~ windshield wiping} contractors who partici~te in ~_h~ al~ort under lease contract with or fran the b~ls of race color or ~tio~&t origi~ subJ~t ~ this ~ ~or l~ ~ color or national orl$i~ ts prohibited on the FIIDIIAL BIGIS~IR, VOt. $S, 140 I18..~TI4URSOAY, JUNI II, 1970 179fl6 RULES AND REGULATIONS on any ~ Fedet al agreement, artansement, or Ih) and tnst~tlo~ ~ch re- other contract which has as one of 1~ In tho 0fficl~ shall issue purposes the p~viston of of and make ~all~le ~ ln~r* ~g) The ~rm "program" tncl any time to t~me other officials of b) or ethel ar- meat, with the depmt- to individuals), RONALD S ment~ or ~encies, lu or fm p~ovision facilities for fur- Cha~rma~ NationM cmmcction wl~h the of the nishing aid o~ other Endowment/or the Hiimanitws purposes of title VI of and this benefl~ to ~e service, fl- fatuity within tho and nancinl sh~ll be dcemed ~ Title49--Transpo~ation within the executive inelude selvices financial aid or SU6TIT~Z A-~FF[CEOF~Z e~nment In the VI oth-~ ~lth ihe aid of O~ TRANSPORTATION simlla~ situations de- aid of a non-I~edmal funds 9ro~mty termination m ~qoutces ~equhed to be ex- PA~T ~I--NONOI~C~IM{~T[ON [N posed by an official of ~other made available for the pro- ERALLY ASSISTED PR~RAMS OF THE ~ meo~ m~tching 10~uixements or DEPARTMENT OF TRANS~RTATION~ par~me~ or ~ge~cy ~ct~g pursuant ~ ~ ~s~ment o~ ~sponsibiiity und~ comHttons ~ ~tcl~ m~ be met i~ EFFECTUATION OF TITLE VI OF THE thl~ ~ubsection shall ~ve the aame effe, , ~o receivo tho Federal fl~cial ~- CIVIL RIGH~ ACT OF 8~ t~ough such actio~ had bee~ t~ken by ~nd to h~cludc n~y services, ~- Miscellaneous Amendmentm the responsible o~ci~ of ~is ~sency or o~her benefits provided i~ On 3uly 19, X9~2 · no,ice o~ proposed ~ ~clll~y provide~ wt~h ~he ru~em~kl~g w~ published in the ~ l ilO13 DeRnitlo~s, Federal ~nci~l a~si~ta~ce or ~msT~ (3~ ~ 14320) ~ amend P~rt A~ used in this part~ resources 21 of the ~gulations of the O~ce of the National ~undatlon the Ar~ ol structures, equipment or Secretaiv (49 C~ Pa~ 21)--Nondis- cximinatio~ in Federally-Assisted Pro* tional ~ ' the Ar~, the I ~rests ~lein, and the provision of fa- grants of the Dcpmtment of Transports-. tion tional Endo~ent the cilittes ~ the co~tt~ction expan- All in~res~d p~rties wexe invited to the National the St~tf or any State prodded · b~is for change in the pro- (c) ~, cai any public or pliV~ amendment is as follows for th ~ ~e Ns- agency, other entity individual, In ~y Mttp Alth~gh ex~tins [ 21 5(b) (vii contains ~ prohibition aghast discrimi- tional Endo~ent f S~ ~ whom (d) The ~ ~ a~d~* ance ls directly or through natorydenialofthe"oppo~ltY~Pm' meat official with fl~a~i~ ~o[ er r~iDlent, ~x any program, in- tlci~ate in ~e program thmush tho pro* existing re~latto~ did not s~iflcall~ ~lstance mea~ t mi n of any feree thereof, but suc~ ~rm does not In- deal w th ~e matter of planning or ad- ~do~ent or othl mi fit official elude ~y ~tima~ beneficiary under a~ vi~ry board member~lp Considering desi~a~d bY the C such progr~ ~ the bro~ pu~o~ of ~tle ~ of the Cl~l (e) The ~rm "I 8~s" mea~ (J) The term "pri~ recipients" the States of the U 8ta~s, the Dis- means any recipient whi~ Is authofl~d Rights Act of 1964, the Dep~ent trict of Columbia, 3 Rt~, ~e Vtr- or required to extend ~ral financial Tz~nspo~a~on believes that member- gin Islands, Amel Samoa, Guam, ~slstance ~ another recihient for the ticip~tlon in the program" wimln Wake Isled, th~ , ~ne, and ~e purposes of carrying out a~program tenito~es sad p~s~ Is of ~e Uni~d (k) ~e term "a~plicant"~ea~ one meaning of s~tion 601 of the Act U 5 C 2000d) To m~ke it cl~r that such 8~s, and ~e ~r ;ate" means any who sub~ an application, ~eQuest, or discrtmi~tlon is pro~bl~, the Depart- one of the fore~ln alan rebuild~ ~ ~ approv~by a re- meat ts ~ding a s~c refe~nce donation o~l oper~ and intel- eibility for ~deral fln~ci~ ~tan , ~e provhion applies only to the ex- .~ in p~rty, ( he de~ ~s~ and the ~rm "appOsite" mea. such tent th.t the "recipient" has cont.l over eral pera~el, (4) a~oa other than an application, ~quest, o~lan ~ board membership It ~ applicable, for ~d ~e ~sioE a ~ ( n - . ~ example, where the members a~ · ~m~?~ ~ '--'-) ~der~ ip~ a ~ Ik boardP°in~dis bYel~the ~recipientt~ election~ere pro-the a c~u~ or tra~ient ~m , e~y ~it~u~ c~d~mgon or imm uom ........... cedu~s ~ declined by ~e recipient, wh~ i~duced f~ ~e p~oae of ~ p~tt~ $u ~e arts ~ -'- order ~ make it cl~ ~at ~atio~ skt~ ~e ~cipien~ or ~ ~ition of ~ 8~ve~, ~oh and pla~mS m ~ne are inap~llcable ~ bo~ ~la~ ~e pub~ ~reat~ ~ ~ed by ~c~ FEDE~L REGISVIR, VOL, 3S, NO 12~THURSDAY, JULY S, 1973 RULES AND REGULATIONS 1T~q7 tangentially or lndireOtly to aFederelly time fei [llll~g is extended by tho Fed~lal flnancl~l assistance, on thc i'ent ~ro~tbtteg dtscrtml~ilo~ Extstin~ ~ lth that allowed ~de~ othe~ civil ~hts nsaae tends on the s~omlds of race, color I ~1 5(b) (~} ~rovides~at co~ideration lawm' tho ~ga~tment Is chan~ln~ tlfl~ et national orl~n ~ exclude ~dividuals oI race, coior, or national oligln are not time lhntt flora 90 ~ 180 days f, om p~ ticipation in ~ deny them the p~hibited ff ~e pu~pos~ ~nd effect ts In consideration of tile fote~olllg of- benefits of, o~ to subject them to dis- results of diet'million ~at pt~vision l, amended as follows nmendmen~ ~ the ~econd sen~nce tn ~ Il 5lb) (7) is ~ mare it clear that the f3) Addtn~ a new subparagraph (1) take affirmative action to ~sure that no ~eclplent (1) must t~ko affi~ative ac- (vid at tho end thereof, to lead ~s set pmson Is excluded from pattlcipatiou In I~ expected to take~rmative ~tion ~ read as se~ froth below Rssulo that ac per~is excluded f~m ~ 21 ~ Dl,erlmlnallon peohddled. patttclp~t[on in o~ ~onled ~e benefits 3 ~ection 21 9(b) Is amend~ by add- ~atlon~l o~n p~hibl~d Coltectto~ of rao~al ~t~ Existing (1) * * * 1 21 9 (b) sta~s ~at 'ecipien~ shall keep (vii) De~ a person the oppottuntty ~ * * * * * Whilothtsprovisto [umishesab~sisfor tegtulp~ttofthoptogram, the Sectet~ r~ial ~nd et~o dat~ Is an essenti~ element In implement- 1)t2~ rices or impedlmen~ which have ro- inff Title VI of the Civ~ Ri~h~ Act of strlcted tho awilabllity of. or pat ttcipa- 4 S~tlon data. the Department Is addin~ an ex- ple~ leference to i~ l~ ~ ~1 9lb). ,soo ~otlon ~oeio) of Title vH of ~ tion s~ that a ~plaint ~st be ~ed v S O aa~0 0,)~ and tl~o regulattons of the Ne×t Document THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A'IO? Standard Form of Agreement Between Owner and Contractor where the basts o[ payment ~s a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIEICATION Use only w~th the latest Edition of AIA Document A201 General Conditions of the Contract for Construction Th~s document has been approved and endorsed by The Associated General Contractors of America AGREEMENT made th~s F]'FTH day of OCTOBER m the year of N~neteen Hundred and SEVENTY-SIX (October §, 1976) BETWEEN the Owner CITY OF DENTON COUNTY OF DENTON, TEXAS and the Contractor MASTER CONCRETE FLOOR COMPANY DALLAS, TEXAS the ProJect NEW CONCRETE TOPPING FLOOR SLAB DENTON COMMUNITY CENTER DEPARTMENT OF PARKS AND RECREATION CITY OF DENTON, TEXAS theArchltect HATFIELD - HALCOMB, INC. ARCHITECTS - PLANNING CONSULTANTS DALLAS, TEXAS The Owner and the Contractor agree as set forth be[ow AIA DOCUMENT A101 ° OWNER CONTkACTOR AGREEMENT · JANUARY 1974 EDITION · AIA® ° ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE NW WASHINGTON D C 20006 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of th~s Agreement, Cond~bons of the Contract (General, Supplementary and other Cond~hons), Draw~n§s, Specffmahons, all Addenda ~ssued pnor to execuhon of th~s Agreement and all Mod~flcahons ~ssued subsequent thereto These form the Contract, and all are as fully a part of the Contract as ~f attached to th~s Agreement or repeated here~n An enumerahon of the Contract Documents appears m Arhcle 7 ARTICLE 2 THE WORK The Contractor shal[ perform all the Work required by the Contract Documents for The preparation of the existing Community Center Concrete Floor Slab and the p.lacement, finishing, and cumng of a new Buff Colored Concrete topping floor slab as described in the Contract Documents. ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under th~s Contract shall be commenced Wl thin ten days of the Owner' s wmtten not~ce to proceed with the work. andYcJ(~)~(~)J~ substantially completed within ten calendar days The Owner w,lll have access to the floor and use of the Community Center space after substantial completion. After the required twenty-eight days curing time (as specified) the contractor shall clean the floor as required and apply the third application of curing (sealing) compound For each calendar day that the work remains ~ncomplete after the established compleUon date specified in the contract, or the increased t~me granted by the Owner, or ~s automatically increased by add~Uonal work or materials ordered after the Contract is signed, the sum per day given below will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages L~qu~dated Damages ..................... $50 O0 per working day (Specifications - Dlvlsion B, paragraph 8.2) AIA DOCUMI~NT A101 ° OWNER CONTRACTOR AGREEMENT ° JANUARY 1974 EDITION * AIA® · ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE , N W WASHINGTON D C 20006 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to addlhons and deducbons by Change Order as prowded in the Cond~hons of the Contract, m current funds, the Contract Sum of Thirteen thousand, four hundred and thirty-seven dollars and no cents ($13,437.00) $16,977 O0 Base - 3r540 O0 Credit to Owner for approved substitution of Bonding agent per attached letter from Contractor dated 29 September 1976 $13,437 O0 Adjusted Contract sum ARTICLE 5 PROGRESS PAYMENTS Based upon Apphcahons for Payment submitted to the Architect by the Contractor and Cerhflcates for Payment ~ssued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro wded ~n the Condmons of the Contract as follows ~cent of t day of each month ~ m properly allocable to labor, matena]s and equipment ~nc~..C.q;~ef-a'te'd~n the Wor]~ he port,on of the C~,able to mater,a!s ~,nd ~~t,es, up to the d~. tted,.!ess the aggregate ~! tO ,,nc, r~as~ ~ges as the Architect ~hall determ~ The Contractor shall submit his appl~catlon for payment to the Owner at substantial completion of the work for the contract sum less ten percent reta~nage. The contractor shall make h~s f~nal application for payment of the balance of the Contract Sum after the 28 day cumng compound application ~s made and after the final completion and Owner's acceptance of the project Any moneys not pa~d when due to e~ther party under this Contract shall bear ~nterest at the legal rate In force at the place of the Project AIA DOCUMENTAl01 ° OWNER CONTRACTOR AGREEMENT · JANUARY 1974 EDITION · AIA® ' ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, NW, WASHINGTON, D C 20006 3 ARTICLE 6 FINAL PAYMENT F~nal payment, ,conshtutlng the enhre unpmd balance of the Contract Sum, shall be pa~d by the Owner to the Contractor Thirty (30) days after Substantial Complehon of the Work unless otherwise stipulated m the Cerbflcate of Sabstantml Complebon, prowded the Work has then been completed, the Contract fully performed, and a final Cemflcate for Payment has been msued by the Architect ARTICLE 7 MISCELLANEOUS PROVISIONS 7 1 Terms used ~n thru Agreement which are defied In the Cond~hons of the Contract shall have the meanmgs designated m those Cond~hons 7 2 The Contract Documents, which conshtute the enhre agreement between the Owner and the Contractor, are hsted m ArUcle 1 and,lexcept for Modlflcahons ~ssued after execution of thru Agreement, are enumerated as follows Agreement Standard Form of Agreement between the Owner and the Contractor (AIA Document AIO1) dated 5 October 1976 Drawings Sheet A-1 dated 30 August 1976 Specification dated 30 August 1976 Letter From Master Concrete Floor Co. to Hatf~eld- Halcomb, Inc dated 29 September 1976 Th~s Agreement executed the day and year first wmtten above Approved C~Sy Attorney, City of Denton Attes ted C~ty~cretary, Ctty of Denton OWNER CONTRACTOR ~.~rTY OF 13FNTON~ TF~A~; MAqTFI~ ~(3N£~FTF FI ORR £~3MPANY AIA DOCUMENT AiOl · OWNER CONTRACTOR AGREEMENT · JANUARY 1974 EDITION · AIA® ' ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS~ 1735 NEW YORK AVE, NW WASHINGTON D C 20006 4 !~. ,STER CONCRETE FLOOR C~, DALLAS TEXAS 7DZG7 75235 1745 Hznton September 29, 1976 Hatf~eld-Halcomb, Inc. 810 Carillon Tower West 13601 Preston Road Dallas, Texas 75240 Ref BondCng Topping Mr. Norman P Hatf~eld Jr. I expressed zn our conversation after the b~d opemng, my opxmon about bonding topping I would hke to go on record that m my th~rty-£~ve years of experience ~n the cement fimsh~ng profession, I thznkbeyond any shadow o£ doubt, that a mechamcal bond zs far better than any I know The epoxzes ~n my experiences are so unpredictable, sometimes they seem to do a good job and other t~mes not so good They are qmte expensive also. It ~s our opinion that we could give you a good bonded topping slab at the c~v~c center at a savings to the owner of three thousand, f~ve hundred and forty dollars ($3,540 00) Very truly yours, MASTER CONCRETE FLOOR COMPANY INC. Bert B. (Son) Mart~n AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF OCTOBER, A. D. 1976. RESOLUTION WHEREAS, the City of Denton applied for a grant of funds under the U. S. Depart~%ent of Housing and Urban Development Com- munity bevelopment Block Grant Program; and WHEREAS, the City of Denton received funding approval under Title 1,of the Housing and Community Development Act of 1974 in the amoDnt of $192,000; and WHEREAS, the City Council of the City of Denton deems it in the best interests of the citizens of the City that such funding be acce~ted; Now, THE~REFORE, ~E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF!DENTON, TEXAS. That the City of Denton accept a Community Development Block Grant ih the an~o~lnt of $192,000 under Title 1 of the Housing and DevelopMent Act of 1974; and That the Mayor of the City of Denton is hereby authorized to sign all necessary doc~ents regarding this grant, the acceptance thereofl and the receipts for the f~nds. PASSED and APPROVED this the 19th day of October, A. D. 1976. ELINOR HUGHES, MA~OR CITY OF DENTON, TEXAS ATTEST~'~ ~ B~O~KS iHOLT, CITY SECRETARY CITY O~ DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY' CITY O~ DENTON, TEXAS _ , ~ ~: COMMUNITY DEVELOPMENT GRANT CONTRACTURAL AGREEMENT On October 6, 1976, the City was notified of approval of a Community Development Block Grant in the amount of $192,000 (attached letter). As a part of that grant program, it is necessary to authorize the Mayor (by resolution) to enter into an agreement for the project, as submitted and approved. The specific agreement reads as follows:• ACCEPTANCE PROVISIONS The Grant Agreement authorized by the Department of Housing and Urban Development is hereby accepted by the Applicant as Grantee under the Agreement and the Grantor agrees to comply with the terms and conditions of the Agreement, applicable law, regulati.dns and all requirements of HUD, now or hereafter in effect, .pertaining to the assistance provided. Community Development E1ock Grant OCT 5 1916 IN REPLY REFER TOt 6.1PP:PM ~. -~~11- i .~~.: ,I. i ~l« oc r ~; )9~s CIT1` OF D'_'`T~'i I am pleased to inform you that we have approved the application identified above in the amount of $192,000.00. The approved program year is from ocT 5 197E thrOUgh 4 Ocr )9»' Although your application has been approved, you may not spend any Community Development Fzlock Grant funds or commit any funds for any of your proposed . activities that require environmental clearance. Therefore, you should not start the design, advertise for bids, or in any way initiate the activities shorm below until you have completed the environmental review and have received clearance from this office: Upgrade Sanitary Sewer Upgrade i^later System Reconstruct Streets These activities are also listed in Paragraph 17(a) of the enclosed Funding Approval, Form HUD-7082. You may, however, incur charges against the funds approved by this letter for exempt_or_nr.eviouslYccleared activities. The exempt or previously-cleared HVD-7082 are the following: Contingency Enclosed are three copies of the Form HUD-7082, Funding Approval Under Title I of the Housing and Community Development Act of 1974. Please execute them ` and return two copies to this office. Funds under this program are paid to grantees only through use of a Letter of Credit. Another letter will be sent to you in the near future detailing the requirements for the Letter of Credit. ~ ~ VI . 4 ~, li{lull ,~~ ~~inw x•~ REGION VI FEDERAL~BUIL DING 1100 COMMERCE STREET DALLAS, TE%A575202 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AREA OFFICE ]001 BRYAN TOWER -FOURTH FLOOR DALLAS, TE%AS 75401 Honorable Elinor Hughes Mayor Denton 215 East McKinney Denton, Texas 76201 Dear Mayor Hughes: -,,:_ is _ : . -2- We look forvrard to working with you in this program. If we may be of any assistance, or if you have any questions concerning this lettez•, please write me at .the address shown on our letterhead or telephone your CPD Repre- sentative, Mr. Gene YJright, at (214) 749-1']O1. Sincerely, hn R. McDow ea Director Enclosures ec: Mr. Jim White City Manager of Denton AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICI~L BUILDING OF SAID CITY ON THE 19TH DAY OF OCTOBER~ A. D. 1976. RESOLUTION WHEREAS, HUD Handbook 1900.23, Appendix 2, Page 2, provides the recipient organization shall provlde authenticated documen- tation, including a specimen slgnature, establ~shlnq the authority and delegation of th~s authority to the person who s~gns Standard Form 1194, as the authorizlng official; and WHEREAS, the recipient organlzatlon, being the City of Denton, Texas, wishes to fulflll this requirement by passing a resolution naming this authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That Ellnor Hughes, Mayor of the Clty of Denton, Texas, ~s hereby delegated the authority to sign Standard Form 1194 as the authoriZlng official on behalf of the Clty of Denton. The specimen slg~at~re for Ellnor Hughes ~s shown below PASSED and APPROVED th~s ~19th day of October, A. D. 1976. ELINOR HUGHES, MA~DR CITY OF DENTON, TEXAS CITY OFf DENTON, TEXAS APPROVED AS TO LEGAL ..- P~AUL C. ISHAM,' C~TY ATTORNEk CITY OF DENTON', TEXAS AT A REGIU~A/t MEETING OF THE DENTON UTILITIES BOARD OF THE CITY OF DENTON, TEXAS, HELD ON THE 18TH DAY OF OCTOBER, A. D 1976 WHERE', the rising cost of utilities is placing a severe burden on the citizens of Texas, and W}{EREAS, the high cost of fuels and the rising cost of other materials and expenses make any lessening of this burden un- likely; and WHEREAS, the State of Texas is ~n good f~nancial condition large,ly because of the increased income from the sale of oil and gas, which is indirectly responsible for much of the increases in utility costs NOW, THEREFORE, BE IT RESOLVED, that the Denton Utilities Board urges the Texas Legislature to consider as soon as it con- venes in January, 1977, legislation to remove the state's four percent portion of the sales tax on electricity sales, as recom- mended by the House Ways and Means Committee ~n August. PASSED and APPROVED this the 18th day of October, 197~6 ' OOL, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF OCTOBER, A. D. 1976. RESOLUTION WHEREAS, the position and functions of "Warrant Officer" has been under the supervision of the Legal Department; and WHEREAS, the City of Denton believes that more efficient operatlon and control of such functions could be obtained by transferring the "Warrant Officer" to the Police Department; and WHEREAS, it is necessary to amend the 1976-77 Budget for the City of Denton to effectuate such transfer and such amendment includes the transfer of the sums of monies listed on Exhibit A attached hereto from the Legal Department to the Police Depart- ment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI~CIL OF THE CITY OF DENTON, TEXAS, THAT: The 1976-77 Budget for the City of Denton is hereby amended by transferring the monies as listed on the attached Exhibit A from the Legal Department to the Police Department and the City Manager is directed to so amend the budget. PASSED and APPROVED this the 5th day of October, A. D. 1976. ELINOR HUGHES~ Y~~R CITY OF DENTON, TEXAS ATTEST B~KS HOLT, CITY SECRETLY CITY OF DENTON, TE~S APPROVED AS TO LEG~ FO~: ~P~UL C. ISH~, CITY ATTO~EY CITY OF DENTON, TEXAS EXHIBIT A TRANSFER THE FOLLOWING SUMS FROM ACCOUNT NUMBERS' 01-02-80-03 Labor Operations $10,088.00 01-02-80-05 Social Security 590.00 01-02-80-06 withholding 489.00 01-02-80-08 Longevity 108 00 01-02-89-09 Workmens Compensatmon 235.00 01-02-80-10 Insurance 174.00 Rmg No. 4 01-02-85-08 Motor Pool 811.92 01-02-81-04 Gas, 0~1 460.00 01-02-83-42 Vehzcle Maintenance 625.00 01-02-83-44 Radmo 200.00 TO ACCOUNT NUMBERS 01-30-80-03 Labor Operations $10,088 00 01-30-80-05 Social Security 590.00 01-30-80-06 Withholding 489.00 01-30-80-08 Longevity 108 00 01-30-89-09 Workmens Compensatmon 235.00 01-30-80-10 Insurance 174.00 Rzg No. 4 01-30-85-08 Motor Pool 811 92 01-30-81-04 Gas, Oil 460.00 01-30-83-42 Vehmcle Maintenance 625.00 01-30-83-44 Radio 200.00 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 5TH DAY OF OCTOBER, A. D. 1976. RESOLUTION WHEREAS, the City of Denton has engaged the services of Hatfleld-Halcon%b, Inc. Architects to perform certain services re- garding the CoK~unlty Center Concrete Floor Slab and the replace- ment and refinishing the same; and WHEREAS, the architects have taken bids regarding the work of reworking the floor in the Community Center; and WHEREAS, Master Concrete Floor Company of Dallas, Texas is the lowest and best bidder for said work; and WHEREAS, it is determined to be in the interest of the City of Denton, Texas to enter into a contract with Master Concrete Floor Company for said work; NOW, THEREFORE, BE IT RESOLVED that the City of Denton does hereby accept the provisions of said contract, a copy of which is attached hereto and incorporated herein for all purposes, and, to evidence this acceptance, the Mayor of the City of Denton is hereby authorized and directed to execute the contract on behalf of the City of Denton, Texas. PASSED AND APPROVED this the 5th day of October, A. D. 1976. ELINOR HUGHES,C/~AYOR CITY OF DENTON, TEXAS ATTES~ ~R~KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNE~ CITY OF DENTON, TEXAS AT A REGIri~_R I~ETING OF THE DENTON UTILITIES BOARD OF THE CITY OF DENTON, TEXAS, HELD ON TItE 18TH DAY OF OCTOBER, A D 1976 WHEP~EAS, th% rising cost of utilities is placing a severe burden on the citizens of Texas, and WHEREAS, the high cost of fuels and the riszng cost of other materials and expenses make any lessenzng of this burden un- likely, and %~{EIIEAS, the Stat~.~f Texas is in good financial condition largely because of the increased income from the sale of o~1 and gas, which is indirectly responsible for much of the zncreases in utility costs NOW, THEREFORE, BE IT P~SOLVED, that the Denton Utilities Board urges the Texas Le. gislature to consider as soon as zt con- venes in January, 1977, legislatzon to remove the state's four percent portion of the sales tax on electriczty sales, as recom- mended by the House Ways and Means Committee zn August PASSED and APPROVED this the 18th day of October, 1976 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 18TH DAY OF MAY, A. D. 1976. R E S O L U T I O N WHEREAS, a need exlsts w~thln the City of Denton to reduce ma]or crime through a close contact and cooperative effort be- tween the Denton Police Department and the c~t~zens of Denton; and WHEREAS, f%mdlng ls available from the Texas Criminal Justice Council to assist the City of Denton an supporting a Pollce Crime Prevention Unit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT Appllcat~ons be made to the Texas Criminal Justice Council to asslst the City of Denton in flnanc~ng a Cr~me Preventlon Unit. PASSED and APPROVED thls the 18th day of May, A D. 1976. ELINOR HUGHES, M~fS~gR CITY OF DENTON, TEXAS ATTEST~ B~(~KS HOLT, CITY SECRETARY CITY OP DENTON, TEXAS APPROVED AS TO LEGAL FORM. CITY OF DENTON, TEXAS Next Document AT A REGULAR MEETING OF THE CITY cOUNCIL OF THE CITY OF DENTON, TEXAS, ~ELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23RD DAY OF NOVEMBER, A. D. 1976. RESOLUTION WHEREAS, the C~ty of Denton has requested from the Texas & Paclf~clRallway Comply permission to attach traffic s~gns to railway bridge No. 209.7; and WHEREAS, the railway company has consented to allow the C~ to attach such s~gns and wishes to enter ~nto a written contract to permit such attachment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI~ OF DENTON, TEXAS' That the Clty Co~c~l of the C~ty of Denton, Texas hereby auth- orizes and empowers El~nor Hughes, Mayor of the C~ty of Denton, Texas, to enter ~nto and execute for and an the name of the C~ty one certain written agreement dated September 1, 1976, between sa~d C~ty of Denton and the Texas and Pacific Railway Company, respecting the grant by sa~d Railroad and acceptance by the C~ty of permission to attach trafflc s~gns to railway company bridge No. 209.7 on sa~d Railroad's premises ~n sa~d City, true copy of sa~d agreement be~nq attached hereto as part hereof; and That funds be approprlated and available for the payment of all costs agreed to be pa~d by C~ty under the terms of sa~d agree- ment. PASSED AND APPROVED th~s the 23rd day of November, A D., 1976. ELINOR HUGHES, M3~R CITY OF DENTON, TEXAS ~OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. PAUL C~ ISLAM, CITY ATTORNEY CITY OF DENTON, TEXAS N!xt Do,¢ument AT A P~GULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF DECEMBER, A. D. 1976. RESOLUTION W~EREAS, adequate housang as a necessary ~ngredaent to the maintenance of the standard of lav~ng an thas country; and WHEREAS, at as amportant that every human being have access to adequate housang of h~s choace; and WHEREAS, at as benefac~al to the socaal and economac welfare of the entare caty that every person have access to adequate hous- ang, and WHEREAS, the Caty Co~ncal recognazes the problems facang the catazens of Denton, Texas, an obtaanang access to adequate hous- ang;and WHEREAS, the law of the land as that no cat.zen can be denaed access to housang of has choace because of race, color, relagaon, sex, or nataonal oragan; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT thas Caty Councal endorses and supports the prancaple of faar and open housang; as set forth an Tatle VIII of the Caval Raghts Act of 1968, and the raght of every person to have access to adequate housanq of has own choace wathout regard to race, sex, color, relagaon, or natural oragan; and THAT thas Caty Councal encourages all catazens to respect and support the law of the land an regard to the raght of every person to have access to adequate housing of has own choace; and THAT thas Caty Counoal encourages all c~t~zens to undertake voluntary aot~ons to foster racaal harmony, ~ncludang andavadual and group decasaons to promote faar and open housang and andavadual commatment to avoid dascrimanataon an all sale, all rental of pro- perty, and THAT the Caty w~lt maanta~n cooperataon wath fair housang groups, human relataons bodaes and other socaal, cav~c and rela- gaous groups anterested an facalltatang open communataes PASSED and APPROVED thas the 7th day of December, A. D 1976. ELINOR HUGHE~,~~YOR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. SHAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A ~GULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE M~ICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF DECEMBER, A. D. 1976. RESOLUTION WHE~AS, the P~llc Ut~ll~ Coram~sslon of Texas assumed original jurisdiction over telephone companies concerning rates ad services; and W~E~AS, Southwestern Bell Telephone Company and Continental Telephone Company have f~led for rate ~ncreases w~ the P~l~c Utility Cor~n~sslon, and W~E~AS, ~t is ~t~clpated that General Telephone Company will f~le wl~ the Public Utility Commission a request for rate increases; NOW, THE~FO~, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Attorney be authorized to intervene on behalf of the Ci~ of ~nton at such time as General Telephone Company of the Southwest f~les an application w~ the Public utility Commis- sion for a rate request. PASSED AND ~PROVED this the 21st day of December, A. D. 1976. ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C-. ISLAM, CITY ATTORNEY CITY OF DENTON, TEXAS AT A REGULAR MEETING OF T}{E CITY COUNCIL OF THE CITY OF DENTON, TEXAS, }{ELD IN T}{E MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF DECEMBER, A. D. 1976. RESOLUTION WHEREAS, citizens of Texas are concerned that state and federal highway construction and maintenance funds have re- mained for several years at an Inadequate and declining level while costs have more than doubled since 1967; and WHEREAS, the current highway funding crisis has resulted in a drastic reduction in the pace of improving the state highway system; and WHEREAS, there is a backlog of $11 billion in highway pro- 3ects and anticipated revenues for construction during the next twenty years of only $1.9 billion, and WHEREAS, all existing revenue will be needed by 1980 ]ust to maintain the state highway system, with no funds available for up- gradln~ obsolete roads and bridges or for new construction; and W~REAS, the present inadequate funding level will adversely affect! the state's economy, will result in increased unemployment, wall cbntribute to continued death and destruction on Texas high- ways ~t a rate higher than the national average, and will result in hi,her costs for the movement of goods and people; and WHEREAS, Governor Dolph Brlscoe has reco~ended action to allevilate the Texas highway funding crisis by dedicating three- fourths of the automobile sales tax and the general sales tax on tires, tubes, automobile parts and accessories to the state high- way fund, supplementing Department of Public Safety operating funds with general revenue appropriations, and utilizing Federal revenue sharing funds for emergency road and bridge capital improvements; and WHEREAS, these recommendations would produce $825 million in badly needed revenue in the next biennium and $7.1 billion in the next twenty years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. That these recormnendatlons be endorsed and that members of the 65th Texas Legislature convening in January, 1977, be urged to enact implementing legislation to meet the essential highway trans- portation needs of the people of Texas. PASSED AND APPROVED this the 21st day of December, A. D. 1976. ELINOR HUGNES,~MAYOR  ~ CITY OF DENTON, TEXAS ~B~OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPS: CITY OF DENTON, TEXAS AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF DECEMBER, A D. 1976. RESOLUTION WHEREAS, the Texas Department of Community Affairs has been mandated by the 62nd Legislature to assist local governments in provldln~ essential public services for their citizens and over- coming financial, social and environmental problems, and WHEREAS, the Texas Department of Community Affairs provides through its capacity-building program assistance in facilitating improvements in the basic management techniques, procedures, and processes available to local government in providing services to their citizens; and WHEREAS, the City of Denton wishes to develop a human re- sources dimension to Denton's Comprehensive Plan for the purpose of developing capacity in the area of management of human resources; NOW~ THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS- That Elinor Hughes, Mayor, be, and is hereby authorized to execute the necessary application instruments to apply to the Texas Department of Community Affairs, and any other agency, for grant funds to fund a Capacity-Building Program for the City of Denton in the area of Human Resources Planning. That this Resolution shall take effect Immediately from and after its passage by the City Council of the City of Denton, Texas. PASSED AND APPROVED this the 21st day of December, A. D. 1976 ELINOR HUGHES, ~KYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /PAUL-C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS